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CIVICS 



Young Americans; 



OR, 



FIRST LESSONS IN GOVERNMENT. 



CONTAINING A BRIEF DESCRIPTION OF THE DIFFERENT FORMS 
OF GOVERNMENT, AND A FULL AND CLEAR EXPLA- 
NATION OF THE IMPORTANT CLAUSES OF 
OUR CONSTITUTION. 




/BY 



WM. M. GIFFIN, A.M. 



ai^Kc 




NEW YORK: 

A LOVELL & COMPANY. 

1888. 






Entered according to Act of Congress, in the year 1888, by 

WM. M. GIFFIIS', 
in the Office of the Librarian of Congress, at Washington. 



Ttpographt by J. S. Gushing & Co., Boston. 



TO 

and his nephews and nieces throughout the Union, 
this little book is respectfully 

DEDICATED 



PREFACE. 



In preparing this book the author has had primarily 
before him the fact that just such a book was wanted 
to throw light upon a common subject not generally or 
sufficiently treated in school courses of instruction. Be- 
sides there has been a paramount desire to present the 
subject in a form so simple and entertaining that the 
young reader may readily understand, and through this 
understanding, be led to further thought. A basis of 
interesting knowledge being established, further thought 
cannot fail to inculcate a love of our country and its laws. 

The subject of Civil Government involves much that 
requires for its comprehension mature and extended 
thought. In view of this fact the author has kept in 
mind the capabilities of young intellects, and has endeav- 
ored to treat that subject so simply, in both the choice 
of words and the arrangement of thought, as to insure its 
easy comprehension by the youngest reader. Neverthe- 
less, it is hoped that it will prove interesting to older 
thinkers who may find time to read it. 



6 PREFACE. 

As an especial feature of this little book, the need 
of government and law is made apparent in a narra- 
tive that is calculated to arrest attention and provoke 
thought. Following this tale suggesting the need of gov- 
ernment, the simple forms naturally arising in the framing 
of laws are presented and developed in a manner which 
will appeal naturally to a young reader's reason. 

While no exhaustive or detailed explanation of for- 
eign governments has been given, comparative condi- 
tions have been stated and suggestive differences have 
been noted, and the reasons for certain laws have been 
told, in a manner intended to show a relation between 
cause and effect. 

In the subsequent chapters, the Constitution of the 
United States has been presented with sufficient explana- 
tion, it is thought, to make the various clauses significant 
in meaning to the reader. 

With the hope that the book may perform its in- 
tended mission in teaching a knowledge of the princi- 
ples of government, and through this, a higher regard 
for our country, the writer puts it into the hands of 

the future citizens of the United States. 

W. M. G. 
Newark, N. J. ' 



CONTENTS. 



CHAPTER PAGE 

I. A Story 9 

II. The Story Continued 14 

III. Some Facts from History 18 

IV. The Kinds of Government 22 

V. The Articles of Confederation 29 

VI. The Constitution 33 

VII. The House of Representatives 36 

VIII. The Senate 43 

IX. What Congress has Power to do 63 

X. What Congress and the States cannot do ... 69 

XI. The Executive Department 75 

XII. The Judicial Department 91 

XIII. Miscellaneous Provisions 97 

XIV. The Amendments 104 

XV. Political Parties ; United States Capitals . . . 112 

XVI. Conclusion t 118 



" One half of the time which is now almost wholly wasted in dis- 
trict schools, on English grammar attempted at too early an age, 
would be sufficient to teach our children to love the Eepublic and 
to become its loyal and life-long supporters." — James A. Garfield. 



CIVICS FOE YOUNG AMEEICANS. 



o>*:c 



CHAPTER I. 

A STORY. 

"We once read a story of a young man by the name of 
Philip Brusque. It was written by Peter Parley. We 
wish that every one of our young American friends could 
read the story for himself. In this chapter we shall give 
a brief outline of a part of it, which will be the next 
best thing to the story itself. 

Young Brusque was a Frenchman, who lived in France 
about the year 1789, or at the time of the French Revolu- 
tion. If our young friends desire to have a very good 
idea of this Revolution, they should read the " Tale of 
Two Cities " by Charles Dickens. 

At the time of the Revolution, France was a monarchy. 
Those of our readers who have studied geography will 
understand what kind of a government this is. 

In 1789 the common people of France determined to 
overthrow the government. Thousands of persons were 



10 CIVICS FOR YOUNG AMERICANS . 

executed by them. One of the most active of the people 
was young Brusque, who, with many others, thought that 
if the government could only be overthrown, he would be 
very happy. He thought that then he could do as he liked, 
without being restrained by any law, except the moral 
sense of man. He thought that laws were unfair, and 
that no man should be subject to them. In fact, Philip 
took such an active part that he soon found it unsafe for 
him to stay in Paris, and hence, with many others, he set 
sail for a foreign land. But alas ! when but a few days 
out, a great storm arose and all on board were drowned, 
save Philip, who was washed ashore on a lone island, and 
what seemed to please him most of all was, that the 
island was without a single human inhabitant except 
himself. 

Peter Parley says, that when Philip found himself 
alone on the island, he was delighted, and exclaimed : 
" Now I shall be happy. Here I can enjoy perfect lib- 
erty. Here is no prison like the Bastile ; here is no king 
to make slaves of his fellow-men ; here is no Robes- 
pierre to plot the murder of his fellow-citizens. Lib- 
erty, how have I worshipped thee ! and here on this 
lone island I have found thee. Here I can labor or rest, 
eat or drink, wake or sleep, as I please. Here is no one 
to control my actions or my thoughts. In my native 
country all the land belongs to a few persons ; but here I 
can take as much land as I please. I can freely pick the 



A STORY. 11 

fruit from the trees, according to my choice or my wants. 
How different is my situation from what it was in France ! 
There, everything belongs to somebody, and I was re- 
strained from taking anything, unless I paid for it. Here, 
all is free, all is mine. Here, I can enjoy perfect liberty. 
In France, I was under the check and control of a thou- 
sand laws ; here, there is no law but my own will. Here, 
I have indeed found perfect freedom." 

Philip, you see, was quite happy. Thus he continued for 
about a year, when he began to feel very lonely. How he 
longed to see a human being once more ! Each day found 
him on the top of a high hill looking wishfully out at sea 
for a sail. " One day while he was thus watching," says 
Peter Parley, " he began to talk as follows : '■ Liberty is, 
indeed, a dear and beautiful thing ; but still I want some- 
thing beside liberty. I want to hear a human voice. I 
want to look into a human face. I want some one to 
speak to. I feel as if my very heart would wither for the 
want of a friend. I feel a thirst within, and I have no 
means of satisfying it. I feel within a voice speaking, 
and there is no answer. This beautiful island is becoming 
a desert to me, without even an echo. dear France ! 
dear, dear home ! How gladly would I give up this 
hollow and useless liberty for the pleasure of friendship 
and society ! I would be willing to be restrained by the 
thousand meshes of the law, if I might once more enjo}^ 
the pleasure of living in the midst of my fellow-men.' " 



12 CIYICS FOR YOUNG AMERICANS. 

Ah, my young friends, what a change had come over 
Philip in one short year ! Short to us, but alas! how long, 
how very long, it had been to him. One day, on going to 
the top of the hill, Philip thought he saw something mov- 
ing. It was about a mile from where he was standing, 
and looking sharply, he found that it was a human being. 
0, how his heart jumped for joy ! He set off like a wild 
deer toward the stranger. When near enough, he saw it 
was a man. He ran right up to him with open arms. 
The man's name was Jacques Piquet. He was a fisherman 
from Mauritius. He had been out fishing, and the wind 
had blown him so far out to sea, that he could not get 
back to land. When he was about to give up all hopes, 
his small boat was dashed to pieces, and Jacques, being a 
good swimmer, saved his life by swimming to the island, 
which happened to be the one on which Philip was living. 
How happy Philip was ! He put his arms around the 
fisherman and kissed him again and again. He took the 
stranger and led him to his cave. Next he gathered some 
fresh pineapples and other fruit, and when he saw the 
fisherman eating them he clapped his hands in joy. 
Philip also ran to get Jacques some fresh water to drink. 
This was all very strange for Philip to do, as he was a 
proud fellow, and had he been compelled to serve the 
fisherman he would have hated and resisted the work ; 
but because he was doing it of his own free will and 
accord he found pleasure in it. Philip continued to wait 



A STORY. 13 

on the fisherman for some little time. At last, however, 
there came a new order of things, and the fisherman began 
to order Philip to do this and that for him. This made 
Brusque very angry, and he told the fisherman he might 
wait on himself. 

This, in turn, made Jacques angry, and soon from words 
they came to blows. Brusque, being the stronger of the 
two, dealt Jacques a blow on the head which felled him to 
the ground, where he lay without motion, seeming actu- 
ally to be dead. 



CHAPTER II. 

THE STORY CONTINUED. 

No sooner did Philip see the condition of the fisherman, 
than he thought to himself : " What a strange creature I 
am ! A few weeks since I was mad with joy at the arri- 
val of this man ; soon he became the tyrant of my life. I 
then wished him dead. I forgot that he had rights as 
well as myself. In taking his life I did a great wrong to 
justice, to liberty, and to myself." 

While Brusque was thinking these thoughts, the fisher- 
man moved and showed signs of returning life. Philip 
was again full of joy, and, fetching some water, sprinkled 
it over the man's face. He soon recovered, and Philip 
led him to the cave, where, lying down, he went to 
sleep. Again Philip fell to thinking. 

" Jacques is alive again, and I am relieved of a load. 
When I was alone I was perfectly free, but I soon found 
that freedom without society was a sad condition of 
things. I therefore yearned for society, and I had it. 
But it soon became a torment to me. What, then, is the 
difficulty ? I believe it is the want of some rules, by 
which we may regulate our conduct. Though there are 



THE STORY CONTINUED. 15 

but two of us, still we find it necessary to enter into a 
compact. We must form a government ; we must submit 
to laws, rules, and regulations. We must each submit to 
the abridgment of some portion of our liberty — some por- 
tion of our privileges — in order to secure the rest." 

Philip now returned to the cave, where he found the 
fisherman much better. Philip spoke to him of the neces- 
sity of laying down certain rules, by which the essential 
rights of each should be preserved and a state of harmony 
insured. To this Jacques agreed, and the following code 
of laws being drawn up by Philip, they were passed unan- 
imously : — 

" Be it ordained by Philip Brusque, late of France, and 
Jacques Piquet, of Mauritius, to insure harmony, establish 
justice, and promote the good of all parties : — 

" 1. This island shall be called Fredonia. 

" 2. Liberty being a great good in itself, and the right 
of every human being, it shall only be abridged so far as 
the good of society may require. But as all laws restrain 
liberty, we, the people of Fredonia, submit to the follow- 
ing : — 

" 3. The cave, called the Castaway's Home, lately 
occupied by Philip Brusque, shall be alternately occupied 
for a day and night by said Philip Brusque and Jacques 
Piquet, the former beginning this day, and the latter 
taking it the next day, and so forth. 



16 CIVICS FOR YOUNG AMERICANS. 

" 4. Each person shall have a right to build himself 
a house, and shall have exclusive possession of the same. 

"5. If two persons wish the same fruit at the same 
time, they shall draw lots for the first choice, if they can- 
not agree otherwise as to the division. 

"6. If any difference arises between the two parties, 
Philip Brusque and Jacques Piquet, they shall decide such 
questions by lot. 

"7. This code of laws shall be changed, or modified, 
or added to, only by the consent of the parties, Philip 
Brusque and Jacques Piquet. 

"All which is done this 27th day of June, a.d. 18 — ." 

This was neatly cut with a penknife on a board which 
had come ashore from the wreck of Philip's vessel, and it 
became the statute law of the island of Fredonia. 

From this story of Philip we learn that absolute liberty 
cannot be enjoyed except by an individual in solitude, 
where he has no intercourse with his fellow-men. From 
it we also learn that even supposing there are but two 
persons living together, some rules, or laws, by which 
they may regulate their conduct, become necessary. 
The truth is, my young friends, people cannot live 
together in society without government. As shown to us 
in this story by Peter Parley, even two persons on an 
island find that, to prevent quarrelling, they must define 
their mutual rights and privileges ; or, in short, they must 



THE STORY CONTINUED. 17 

enact laws, and, as a matter of course, these laws are 
restraints upon natural or absolute liberty. 

Thus it is that we are to-day living in a country gov- 
erned by laws. And the best of all is, that our laws, like 
those of Philip and the fisherman, are our own ; that is, 
they are made by us, and the purpose of this little book 
is to show you why in this respect, our country is one of 
the grandest, if not the very best, in the world. 

Many years ago our forefathers lived in a country very 
much like the one from which Philip came. It differed 
in some things. We shall have more to say of this, how- 
ever, in another chapter. 



CHAPTER III. 

SOME FACTS FEOM HISTORY. 

You have read the history of our country from its dis- 
covery by Cokimbus to the present time. Is it not sur- 
prising how much the lives of our forefathers resembled 
that of Philip Brusque ? They lived in England, under 
rulers who were haughty and arbitrary men, just as 
Philip had in France. 

They also, like Philip, longed for liberty and a better 
home ; though, unlike Philip, they were true to their 
country, and instead of trying to overthrow the govern- 
ment, they simply asked to be allowed to go from it and 
live by themselves. This they did, and, as you know, 
they came to the New World. How they suffered ! 

You remember the Starving Time in Virginia, the In- 
dian War, and Bacon's Rebellion. You remember King 
Philip's War in Massachusetts, and Clay horn's Rebellion 
in Maryland. 

You remember the Pequod War in Connecticut, the 
trouble with the Spaniards in Georgia, and the wars of 
King William, Queen Anne, and King George ; and finally, 
the greatest of them all, the French and Indian War. 



SOME FACTS FROM HISTORY. 19 

When the French and Indian War began, none were as 
ready to help the English king as those who were living 
in the New World, many of whom had left England be- 
cause they had been so badly treated there. All through 
the nine long years of the war they fought bravely and 
well. At the close of the war, although " England reaped 
^11 the glory, and the colonies had borne the brunt of the 
conflict, none were more ready and willing than they to 
help pay the debts which the war had contracted." 

How were the colonies repaid for all this loyalty ? 
You remember that before the French and Indian War 
some of the colonies had been assailed in their personal 
liberty and political rights. Dishonest governors had 
been sent over here by the king and had plundered them, 
while tyrannical governors had, time after time, grossly 
abused and oppressed them. 

All this might have been forgotten after the French 
and Indian War, had it not been for the money-loving 
king, who acted as if the colonies existed only for the pur- 
pose of helping him and the people in England to make 
money. When, however, the king saw how nicely the 
colonies were prospering, he, instead of giving them a 
helping hand, did everything he could to injure them. 

You remember the Navigation Act, the Acts of 
Trade, the Restricting Laws, the Writs of Assistance, 
the Stamp Act, the Mutiny Act, the Boston Massacre, and 



20 CIVICS FOE YOUNG AMEKICANS. 

the Tax on Tea. These alone were enough to make the 
colonies feel anything but friendly toward England. 

But King George III. was guilty of many more un- 
just acts. For example, he would not allow a man to 
cut down a tree on his own land without first asking 
permission. He would appoint a man a judge, and then, 
if he did not decide all cases in favor of the king, the 
king would not pay him his salary. He appointed a 
multitude of officers who were not at all necessary, and 
then obliged the colonies to pay them large salaries. He 
kept a large number of soldiers here in times of peace 
when there was no good reason for it. The soldiers had 
to be paid by the colonies. These soldiers oftentimes 
were guilty of murders for which they went unpunished. 
Innocent men were arrested for pretended offences, be- 
cause they stood in the king's way. They were taken to 
foreign countries to be tried for the pretended offences. 
The king, in fact, " plundered our seas, ravaged our coasts, 
burned our towns, and destroyed the lives of our peo- 
ple." 

This was a very bad return for what the colonies had 
done for him. And, notwithstanding it all, the colonies 
were still loyal to him. They in fact, petitioned for re- 
dress in the most humble terms. The petitions were 
answered only by repeated injury. 

There was only one thing left to do, which was to 



SOME FACTS FROM HISTORY. 21 

declare themselves free and independent of England and 
her king, and this was done on the fourth day of July, 
one thousand seven hundred and seventy-six ; but not till 
seven years after this did England acknowledge the inde- 
pendence of the colonies. 



CHAPTER IV. 

THE KINDS OF GOYEENMENT. 

As soon as our forefathers had declared themselves 
independent of Great Britain, they knew they must form 
a government ; for, being wise men, they knew they could 
not long exist without a government of some kind. At 
that time, as well as at the present, there were three 
distinct kinds of government. These were monarchies, 
aristocracies, and republics. 

Let us now learn something of these different kinds 
of governments, that we may have a better idea of them. 
We are sure all of our readers will be glad they live in 
the United States when they know more of its govern- 
ment and the governments of some other countries of 
which we shall learn. 

A MoNAECHY is a government by a single person. 
This person has different titles in different countries. If 
the country is an empire, the ruler is called an Emperor, 
Czar, or Sultan. If it is a kingdom, he or she is called 
a King or Queen. If it is a principality, he is called a 
Prince. If it is a duchy, he is called a Duke. 



THE KINDS OF GOVERNMENT. 23 

There are two kinds of monarchies. Tliey are abso- 
lute and limited. 

An Absolute Monarchy is one in which all the power 
is in the hands of one man. This is very good if that 
man is one to be truste'd. But if he is not a good man, 
and hence cannot be trusted, then it is terrible. 

When reading history, we learn of many different 
absolute monarchies. One, for instance, is Russia, which 
is one of the most powerful monarchies in the world. 
One of the Russian emperors, or Czars, was named Ivan 
IV., who was the Czar of Russia for about fifty years. 
You will learn what kind of a man Ivan was from tlie 
following : — 

A number of noblemen were one day talking, when 
one of them said: "The grand prince" (meaning Ivan) 
" decides all questions alone, shut up in his chamber." 
Ivan, hearing he had said this, ordered that he be taken to 
prison, there to have his head cut off. Ivan had a very 
quick temper, and all of his subjects approached him in 
fear. One day he became angry at one of his courtiers, 
and without any pity, he ordered that the courtier be torn 
to death by savage dogs. But then he could do as he liked, 
for he was an absolute monarch, and hence went unpun- 
ished for his acts. Nor did he stop here. In fact, he did 
so many terrible deeds that he was called Ivan the Terri- 
ble. He one time went to a city where there were many 
people who disliked his cruel ways, and who were not 



24 CIVICS FOR YOUNG AMERICAN'S. 

afraid to say so, and had sixty thousand men, besides 
many women and children, killed. 

Just think, my young friends, of being obliged to live 
in a country that had a form of government which al- 
lowed such a wretch to be its ruler. 

When reading history we also learn of good monarchs 
who tried to do what was right ; still they were all apt 
to look out for themselves rather than for others, which 
does not agree with Sir Walter Scott's idea of a true man, 
for he says, " The man whom I call deserving the name 
is one whose thoughts and exertions are for others rather 
than himself." Another well-known writer has said: 
^^The absolute monarch is generally a tyrant. Men are 
too imperfeat to be trusted with absolute power." 

A Limited Monarchy is one in which the power of 
the monarch is limited by the constitution and the laws 
of the country, which say that the ruler must share his 
power with a class of nobles, or a body of men who are 
elected for that purpose. 

One of the most powerful limited monarchies is Eng- 
land. England at one time was an absolute monarchy, 
and we can form something of an idea of its early kings 
when we read of one of them, who was known as King 
John, and it is said, threw into prison a wealthy Jew 
because he refused to give the king an enormous sum of 
money. While the Jew was in prison, the king ordered 
one of his teeth pulled out each day, until he paid 



THE KINDS OF GOVERNMENT. 25 

the required amount of money. King John's treat- 
ment of the poor old Jew, however, was one of the least 
of his wicked acts. When John became king, there was 
another who had the best claim to the throne. This was 
John's pretty little nephew, Arthur ; but John seized the 
treasure, and the little prince was locked up in a large 
castle. AVliile the prince was here, the king sent two 
ruffians to burn the little fellow's eyes out with red-hot 
irons. The warden of the castle, Hubert de Bourg, to his 
praise be it remembered, sent the savages away. This 
made the king very angry, and after this he sent another 
ruffian to kill the poor little prince. Hubert sent back 
word to the king that he would do it for him. John 
knew he would not do so, and had Arthur taken to an- 
other castle. One dark night the little prince was aroused 
from his sleep and told to follow his jailer down stairs. 
When at the foot of the stairs, he was drawn into a boat, 
w^here he saw his uncle. King John, and another man. 
The little fellow knelt to them and begged them not to 
murder him. To this they paid no attention, but stabbed 
him, and sunk his body in the river with heavy stones. 

England still has a queen ; but there are also two bodies 
of men, or two houses, as they are called, with which she 
shares her power. These houses are called the House of 
Lords and the House of Commons. 

Lone; after EuQ-land claimed to have a limited mon- 
archy, however, the kings had, or at least assumed, great 



26 CIVICS FOR YOUNG AMERICANS. 

power. We read that during the reign of King Henry 
VIII. (Bkiff King Hal) many people were executed be- 
cause they would not bow to the king's will. It was 
during his reign that an old man, Wolsey by name, who 
had been a lifelong friend of Henry VIII., received a 
death sentence because he would not do a dishonest act 
for the king. It is said his last words were to one Crom- 
well, and were as follows : " Had I but served God as 
diligently as I have served the king, he v^^ould not have 
given me over in my gray hairs. Howbeit, this is my 
just reward for my pains and diligence, not regarding my 
service to God, but only my duty to my prince." He was 
not executed, as he died broken-hearted on his way to 
prison. Do you not think Wolsey was treated by Henry 
VIII. very much as our forefathers were treated by George 
III. ? Henry VIII. had six wives. One of them he be- 
came tired of, and, on some slight excuse, he had her 
executed, and the very next day he married another 
woman. Hence you see that the king of this limited 
monarchy was not much, if any, better than Ivan, the 
absolute monarch. 

After Henry VIII. came Edward VI., and after him 
came Queen Mary. Mary tried to change many of the 
laws which King Henry VIII. had made, and in trying 
to force them upon the people she had three hundred 
persons burned to death, because they did not like her 
new laws. 



THE KINDS OF GOVERNMENT. 27 

After Mary came Elizabeth. During the reign of 
" Good Queen Bess," as she was sometimes called, Eng- 
land improved very much, for Elizabeth was a queen of 
great power and merit. She re-organized a church, and 
said there must be no other kind ; and if any one was 
found attending any other church, he was executed. So 
you see, though she was called a good queen, she had 
some very bad faults. If you would like to learn more 
of the kings and queens of England, read Charles Dickens' 
Child's History of England. Some of them have been 
noble men and women, one of the best being Queen 
Victoria, who is now (1888) queen, and is much beloved 
at home and abroad. 

An Aristocracy is a government in which the power 
is placed in the hands of the nobles or aristocrats. All 
historians agree that an aristocracy is the poorest form of 
government a country can have. 

A Republic is that form of government in which the 
supreme power is vested in the people, or delegated to 
representatives elected by the people. 

A republic binds men together by strong ties of 
fellowship, as in a bond of affection and brotherly love. 
It is the grandest of all forms of government. 

Some three hundred years ago the colony of Plymouth 
was a republic, and at that time the people all met to 
make the laws. There were so few people then that they 
could do this. Now, however, there is no building, nor 



28 CIVICS FOE YOUNG AMERICANS. 

city for that matter, which is large enough to hold all the 
jDeople ; so the people send men to act for them, who are 
called representatives, because they represent the people. 
These representatives, as you know, meet in the city of 
Washington to make the laws. We will learn more of 
them. 



CHAPTER V. 

THE ARTICLES OF CONFEDERATION". 

On the same day (June 11, 1776) that the committee 
was appointed to prepare the Declaration of Independence, 
there was another committee appointed to prepare some 
rules or laws for the colonies which were about to become 
independent. This committee met and drew up a set of 
laws which they called '^Articles of Confederation and 
Ferpetual Union hetiveen the States,'' meaning the thir- 
teen original states of our country of which you have 
learned in your histories. 

During the Revolution the Articles answered very well, 
as the attention of all the states was directed toward the 
defeat of the English soldiers. At the close of the war, 
however, it was found that the country had no real gov- 
ernment. As a well-known writer has said, " There were 
thirteen separate and independent states, each free to do 
as it pleased. Each state claimed for itself the right to 
coin money, lay duties on foreign goods, to levy taxes, 
and to raise and equip its own army. There was a loose 
kind of union between them, which did not amount to a 
good general government, because it had few of the 



30 CIVICS FOE YOUNG AMERICANS. 

^DOwers belonging to a government. Congress could not 
enforce tax laws, nor coin money, nor do anything except 
advise the states j and the states could take the advice 
or neglect it, just as they pleased. 

" The weak states were afraid of the strong ones, and 
the strong ones were jealous of each other. Each state 
made laws for itself, and these laws sometimes stood in 
the way of trade between different parts of the country. 
The states were in a fair way to quarrel among them- 
selves, and even to get into wars with one another, which 
would have been worse for them than any foreign war 
could have been." ^ In fact, the states were very much in 
the same condition as the seven sons of an old gentleman, 
who were always quarrelling. They left their studies 
and work to quarrel among themselves. Some bad men 
were looking forward to the death of the old gentleman, 
who was very wealthy, to cheat the sons out of their 
property by making them quarrel about it. The good old 
man one day called his sons around him. He laid before 
them seven sticks which were bound together. He said, 
*• I will pay one hundred dollars to the one who can break 
this bundle." Each one strained every nerve to break 
it. After a long but vain trial they all said that it could 
not be done. " And yet, my boys," said the father, 
" nothing is easier to do." He then untied the bundle 
and broke the sticks, one by one, with perfect ease. 

^ Barnes' Primary History. 



THE ARTICLES OF CONFEDERATIOlSr. 31 

^' Oh ! " said his sons, " it is easy enough to do it so; any- 
body could do it in that way." 

Their father replied : " As it is with these sticks, so it 
is with you, my sons. So long as you hold fast together 
and aid each other, you will prosper, and none can injure 
you. But if the bond of union be broken, it will happen 
to you just as it has to these sticks which lie here broken 
on the a;round." 

Our forefathers, like the good old man in the story, 
saw that only in union could there be strength. The war 
had left a very large public debt to be paid, and there 
was no money with which to pay it. The trade of the 
country was broken up, and the people were very poor. 
Congress, as the head of the government was called, might 
make treaties with foreign nations, but it could not com- 
pel the states to abide by them ; and, of course, foreign 
countries would not make treaties under such circum- 
stances. 

At this time Washington wrote, "• The Confederation 
seems to me to be little more than a shadow without the 
substance." At another time he said, " It is a subject 
of regret that so much blood and treasure have been lav- 
ished for no purpose ; that so many sufferings have been 
encountered without compensation ; and that so many 
sacrifices have been made in vain." 

Many other prominent men were active in preparing 
the public mind for a change ; among the most active 



32 CIYICS POK YOUNG AMEEICANS. 

were James Madison, who was called the father of the 
Constitution, and Alexander Hamilton. Finally their 
labor was rewarded, and the public was ready for a 
change. A convention was called, and the following 
gentlemen, Messrs. Randolph, Madison, Jones, Tucker, 
and Lewis, were appointed commissioners to meet other 
commissioners for the purpose of forming a new govern- 
ment. This meeting was the means of our having our 
present form of government, and it was by these com- 
missioners and the others who met with them that our 
present Constitution was written ; a Constitution about 
which James Wilson, who was one of the signers of the 
Declaration of Independence, wrote the following : " Re- 
garding it in every point of view with a candid and 
disinterested mind, I am bold to assert that it is the Best 
Form of Government which has ever been offered 
TO THE World." 

Are you not proud, my young American friends, that 
it is your country and your government about which such 
good things can be written ? We hope to show you, in 
the remaining chapters, how true Mr. Wilson's words are. 



CHAPTER VI. 

THE CONSTITUTIOlSr. 

A Constitution is the highest law of a country. It is 
that which tells the form of the government, and also 
tells just what power each part of the government has. 
Hence it is important that every American should have 
a knowledge of our Constitution. 

The people who made our Constitution began it as 
follows : — 

" We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America." 

This is called the Preamble to the Constitution, because 
it introduces or begins it, and tells its object. You will 
notice that this preamble is something like that written 
by Philip Brusque for himself and the fisherman. 

Our forefathers, at the suggestion of Thomas Jefferson, 



34 CIVICS FOR YOUNG AMERICANS. 

very wisely divided the government into three depart- 
ments, called the Legislative, the Executive, and the 
Judicial. We shall hereafter see why it was best so to 
divide it. 

The Legislative is the department that makes the 
laws, and is called Congress. 

In the city of Washington, which is the capital of the 
United States, there is a very beautiful building, called 
the capitol, in which Congress holds its meetings. 

Congress is composed of two bodies of men, called 
houses. One of these houses is called the Senate, and the 
other is called the House of Re2Dresentatives. 

The Judicial department interprets or tells the mean- 
ing of the laws, and then applies them. 

In an absolute monarchy the same person makes the 
laws, and also interprets them, or tells their meaning. If, 
then, the monarch makes a law, and afterwards has it 
brought before him in a way which he did not expect, he 
can say, " Oh, it does not mean that, but means thus and 

5) 

SO. 

You can understand this better, perhaps, if I tell you 
a story. An Irishman once opened a barber shop, and 
hung up a sign which read : " What do you think, Paddy 
Magee will shave you for nothing and give you a drink." 
When Paddy had any customer he would tell him that 
the sign meant as follows : " W-h-a-t ! do you think 
Paddy Magee will shave you for nothing and give you a 



THE CONSTITUTION. 35 

drink ? " When read this way there was no doubt that 
Paddy expected full pay for his work. 

Paddy's sign was like many of the laws made by an 
absolute monarch. It could be changed to suit the occa- 
sion. Bat when one department makes the laws, and 
another department interprets them, everything must be 
so plain as to have but one meaning. Hence you see 
what a good thing it is to have the two departments. The 
legislative department has to make the laws so plain that 
not only its members will know what they mean, but also 
that there will be no doubt in the minds of the members 
of the judicial department as to their meaning. Therefore 
all laws have to be made with great care. 

The Executive is the department that executes the 
laws. The President of the United States is the executive. 
We will learn more of his powers in another chapter. 



CHAPTER VII. 

THE HOUSE OF EEPRESENTATIVES. 

The Constitution says, — 

"The House of Representatives sliall be composed of 
members chosen every second year by the people of 
the several states." 

At the time the Constitution was written there were 
some of the members of the committee who wanted the 
representatives elected for five years. There were others 
who thought one year should be the time. All were 
anxious to do what was right ; so, like sensible men, each 
gave up a little to the other and, therefore, to please both 
sides, it was fixed at two years. 

It was wise to make it two years, for now a represen- 
tative is not elected for so long a time as to make him 
careless and too independent, nor is he apt to abuse his 
power. If, at the end of two years, he has shown by his 
actions that he is not fit to represent the people, some one 
else can be elected to take his place. While, if he has 
been just the right man in the right place, the people can 



THE HOUSE OF EEPKESENTATIVES. 37 

re-elect him for another term. You see a man has this 
re-election to look forward to, and, knowing that as a rule 
the men who work the hardest for the country's good are 
the ones preferred for re-election, he will try to do his 
very best for the good of the country. 

In England they have what is called the House of 
Commons, which many people think is like our House of 
Representatives. President Lincoln is said to have asked 
the following question of some gentlemen : " Gentlemen, 
if we were to call a sheep's tail a leg, how many legs 
would the sheep then have ? " " Why," said they, " five 
legs, of course." "Not so, gentlemen," answered Mr. 
Lincoln. '"'Why not?" asked they. "Because, gentle- 
men, calling a sheep's tail a leg does not make it 07ie" 

And so, calling the House of Commons like our House 
of Representatives does not make it so. We will notice 
some things in which they differ. The members of the 
English House are elected for seven years, but they seldom 
serve that length of time. 

If the king does not like the laws which the House of 
Commons makes, he can dissolve the House ; that is, in 
plain words, turn the members out, and order a new elec- 
tion. So, you see, when a member is elected he cannot 
always do as he may think the people would like to have 
him, unless it is also something the king likes. Hence 
the members of the English House" are obliged to do, not 



38 CIVICS FOR YOUNG AMERICANS. 

as they think best, but as they think the king may wish 
them to do. 

How different from our House, where every member 
can do as he thinks best, and, knowing that good laws 
will always please the best and largest number of men, 
he, as a rule, tries to do what is best for the country. 

The Constitution also says, — 

" No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that state in which 
he shall be chosen." 

Our forefathers very wisely thought that a man should 
be at least twenty-five years old before he could be elected 
to so important a trust. By the time a man is twenty- 
five years old he has formed his character and is old 
enough to have good judgment. 

In the House of Commons, however, many of the 
members are only twenty-one years old, — mere boys, — to 
make the laws for one of the largest countries in the 
vforld. 

It was a good idea to have it understood that a man 
when elected a representative must be an inhabitant of 
that state in which he shall be chosen. Who knows the 
wants of New Jersey as well as a man who lives in New 



THE HOUSE OF EEPRESENTATIVES. 39 

Jersey ? No one. And tlicat is the reason the Constitu- 
tion says a representative must be a citizen of the state in 
which he is chosen. 

In England, a member of the House of Commons may 
be chosen from any part of Great Britain. That is, a 
man living in Edinburgh, Scotland, may be chosen to rep- 
resent Cambridge, England. Or a man of Oxford, Eng- 
land, may represent Dublin, Ireland. It is not reasona- 
ble to suppose that a man of Oxford can represent Dublin 
as well as a man right from Dublin. 

Sometimes it is said that by choosing a man from any 
part of the country, better and more able men will be 
chosen. This is not a good argument, for the reason that 
there never was, nor is it likely there ever will be, a state 
having people enough in it to make a state, that will 
not have more than enough men able in every way to 
represent it. Our forefathers had the good sense to see 
this truth. 

Some of the citizens of our country are what are called 
naturalized citizens. You know what an adopted child 
is. Well, a man who is a naturalized citizen is an adopted 
citizen, only it is the country that adopts him. Before he 
is adopted he has to promise that he will become a citizen 
of our country, fight for our laws in time of war, and 
do all other acts that a person born a citizen is required 
to do. When he has signed papers promising all this, he 
is made a citizen, entitled to all the rights and privileges 



40 CIVICS FOR YOUNG AMERICANS. 

of those who are born citizens, except he cannot ever be 
elected either President or Vice-President of the country; 
and must have two years' residence after naturalization to 
be a Representative, and four years to be a Senator ; pro- 
viding first, however, that before applying to be natural- 
ized he has lived in the country not less than five years. 
The law also provides that a declaration of intention to 
become a citizen must be made at least two years before 
naturalization ; except in the case of those who have been 
honorably discharged from one year's service in the army 
or navy of the United States. These need no declaration 
of intention and need not prove more than one year's 
residence. 

In most countries they will not allow naturalized citi- 
zens to hold office so as to take part in the affairs of the 
government. Americans, however, are too liberal-minded 
to say that no one but American-born citizens shall hold 
office. Any thinking man (and they are the ones to be 
elected to an office) cannot live in a country for seven years 
and not know about its laws and its form of government. 

Another clause of the Constitution reads as follows : — 

" When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs 
of election to fill such vacancies." 

This means that if a member of the House dies, or for 
any other reason his seat becomes vacant, the governor of 



THE HOUSE OF REPRESENTATIVES. 41 

the state which he represents, calls an election for the 
purpose of filling his place. This, our forefathers thought 
the best thing to do, because the executive of a state, as 
the governor is called, will feel interested in having the 
state fully represented, and, therefore, will be very prompt 
to call an election. The Constitution also provides that 
each state shall have at least one representative, and can- 
not have more than one for every thirty thousand people. 
As our country increases in population, the ratio of rep- 
resentation changes. It is now one for every 151,912. 
The Constitution provides that, — 

^' The House of Representatives shall choose their speaker 
and other officers, and shall have the sole power of 
impeachment." 

The speaker is the one who presides over the House. 
You will understand what this means when we tell you 
he is like the president of a literary society. This makes 
the House independent. When the House of Commons 
elects a speaker, he cannot act until he has been approved 
of by the king. In this, you see, the House of Commons 
is not independent, but is really dependent upon the 
king's will. 

Many people do not understand what is meant by 
impeaching an officer. It is simply to charge him with 
crime or with misbehavior in office. It is very much the 
same as an indictment by a grand jury. One man thinks 



42 CIVICS FOE YOUlSrG AMEEICANS. 

another man guilty of violating the law. He appears 
before the grand jury. The grand jury hear his charge ; 
and if they think the man is guilty, they indict him, as it 
is called. Then the man has a right to a fair trial before 
another jury, called the petit jury. So, when an officer 
is impeached by the House, he has a trial before another 
body, as we shall learn as we advance. 

In England, the House of Commons has the power of 
impeachment, and the House of Lords tries the one im- 
peached. Notwithstanding this you will learn wherein 
our laws are better than those of England. 



CHAPTER VIII. 

THE SENATE. 

The Constitution says, — 

" The Senate of the United States shall be composed of 
two senators from each state, chosen by the legisla- 
tures thereof for six years, and each senator shall have 
one vote." 

The legislators of a state are the men who are chosen 
by the people to make the state laws, for each state has 
its own home government, besides sharing in the benefits 
of the central or United States government, of which we 
are talking : just as each class in a school has its own 
rules which its members obey, besides obeying the rules 
made by the board of education and the principal of the 
school. 

For many reasons our forefathers were very desirous 
that the best men in our land should be elected to our 
Senate. There is no reason why they should not Ije. In 
the first place, the people do, or should, choose good men 
for their state legislature ; and these men, who come from 



44 CIVICS FOR YOUJSTG AMERICANS. 

all parts of the state, have the choosing of the United 
States senator. 

There are two senators from every state, whether large 
or small ; thus Rhode Island has as many votes in the 
Senate as California, which is more than one hundred 
times as large as Rhode Island. This was thought no 
more than right, because the large states have so much 
more voice in the House of Representatives than the 
small states. 

Another excellent plan was adopted, as you will see. 
The senators are elected for six years. Now, if at the end 
of six years all the senators were new men, who had never 
had any experience in law-making, what sad work they 
would make of it ! No one would know how to begin. 
Thanks to the wisdom of those who made our Constitu- 
tion, this cannot be, for the following reason. 

When the first senators were elected, they met in the 
capital of our country, and were divided into three classes. 
When the Constitution went into effect, there were but 
nine states that had adopted it. There were then eigh- 
teen senators. These were divided into the three classes, 
— six in the first, six in the second, and six in the third. 
According to the Constitution, the term of the first class 
was to expire in two years, the term of the second class 
was to expire in four years, and the term of the third class 
was to expire in six years. Remember this was only to 
be done that one time. So you see that now every two 



THE SENATE. 45 

years one-third of the senators are newly elected, while 
two-thirds are old members and know all about the duties 
of senators. Everything, therefore, moves off in perfect 
order from the very first day they meet until the close of 
the session. Had not our forefathers been so thoughtful, 
the whole Senate might be made up of new men every 
six years ; and with a number of inexperienced men 
together, there is no knowing what might be the result. 

If a senator dies or resigns his office, and the legisla- 
ture of his state is not in session, the governor of the 
state appoints some man to act as senator for that state, 
until the legislature meets and elects some one. 

The Constitution says, — 

" No person shall be a senator who shall not have attained 
the age of thirty years, and been nine years a citizen 
of the United States, and who shall not, when elected, 
be an inhabitant of that state for which he shall be 
chosen." 

You notice the senators have to be older than the rep- 
resentatives. There are many good reasons why they 
should be. As we advance, you will learn that the respon- 
sibility of a senator is greater than that of a representa- 
tive, and for this reason he should be a man of more 
mature years. The senator must also live in the state 
that chooses him, as he will know the wants of his own 
state better than one living in another state. 



46 CIVICS FOE YOUNG AMEEICANS. 

The House of Lords is sometimes said to resemble our 
Senate. You will know how little resemblance there is 
when you have read what is to follow. 

The English House of Lords is composed of what are 
•called the peers, or noblemen, of England, sixteen repre- 
sentative peers of Scotland, and twenty-eight representa- 
tive peers of Ireland ; also the bishops and archbishops of 
the Church of England. The noblemen receive different 
titles, as duke, marquis, earl, viscount, and baron. 

A man to be elected to our Senate must show some 
talent, and not many, if any, ignorant men, or men lack- 
ing good, sound judgment, ever become members. 

How different in the House of Lords, where there is 
no choice ! A person horn a nobleman, no matter how 
little good common sense he may display, cannot be 
deprived of his seat. Hence you see what kind of people 
may make up the House of Lords. 

If the king desires, he has the power to make a com- 
moner-^ a peer, and as late as 1832 he exercised this power. 
There was a law the king wanted passed. The House of 
Lords did not think it a good law, and did not pass it. 
The king began to make peers of the commoners, intend- 
ing to make peers enough to get a majority in favor of his 
law, that it might be passed. 

The House of Lords, seeing that many were being 

^ The members of the House of Commons are commoners, as, in 
fact, are all persons under the degree of nobility. 



THE SENATE. 47 

added to their house, finally agreed to pass the law, if the 
king would not make any more peers. And yet they 
call England a limited monarchy. Like the man who was 
being whipped by his wife, when some one said to him, 
" My dear fellow, why do you stand still and let your wife 
whii3 you so?" " Oh," said he, " it pleases wife, and does 
not hurt me ; so I let her whip." Thus, no doubt, 
thought the king, " It pleases the lords, and does not hurt 
me; therefore, I let them call ours a limited monarchy." 
There is no doubt, however, that England is inclined to 
become more and more like a democracy, and the time 
may come when it will be. 

According to the Constitution, — 

■" The Vice-President of the United States shall be presi- 
dent of the Senate, but shall have no vote unless they 
be equally divided." 

If the Senate were to choose one of its own number 
for speaker, or president, the state which this one repre- 
sented, would be deprived of one of its senators. Again, 
the president has more or less power, and often influences 
the course of legislation ; therefore, that state would have 
more than its share of power. The framers of the Con- 
stitution, ever thoughtful, said : " We will make the 
Vice-President of the United States the president of the 
Senate ; for he belongs not to any one state, but to 
the people at large, because he has been chosen by them 



48 CIVICS FOR YOUNG AMERICANS. 

for this high office." It is right, too, that he should 
have a vote, as there is always an even number of sena- 
tors, and a time may come when there will be a tie on 
some question before the Senate. Days, perhaps weeks, 
could thus be wasted, because neither side would be will- 
ing to yield; but the Vice-President, having a vote, can 
stop any such thing, by voting with one side, and thus 
make a majority. 

The Constitution states that, — 

" The Senate shall choose their other officers, and also a 
president jpro teinjpore in the absence of the Vice-Presi- 
dent, or when he shall exercise the office of President 

of the United States." 

Nothing seems to have been forgotten. What a wise 
law this is ! Just before Congress closes its session the 
Vice-President retires, and then the Senate elects a presi- 
dent ino temioore ; so that, should the President of the 
United States die before the next session, the Vice-Presi- 
dent becomes President of the United States and the 
Senate can begin work at once, as there is a president to- 
preside. 

The Constitution provides that, — 

"The Senate shall have sole power to try all impeach- 
ments. When sitting for that purpose they shall be 
on oath or affirmation. When the President of the 



THE SENATE. 49 

United States is tried, the Chief Justice shall preside, 
and no person shall be convicted without the concur- 
rence of two-thirds of the members present." 

There are many wise provisions in this clause of the 
Constitution, as we shall see. It is much easier to call a 
man guilty of a crime, than it is to prove him guilty. So 
our forefathers placed the impeachment power in the 
House, but gave to the older and more select body the 
power to try all impeachments. 

There are people in our country who think that it is 
wrong to say, " I solemnly swear," etc., because the Bible 
says, " Swear not at all." Others think that the Bible 
means by this not to take the name of God in vain. The 
framers of the Constitution, being liberal-minded men, 
and not wishing in any way to interfere with the religious 
belief of any one, said that the words, " I solemnly sioear,'"' 
or "I solemnly affirm^ may be used. 

During the meetings of the committee that framed the 
Constitution, Benjamin Franklin proposed one day, that 
prayer should be resorted to. Among other things he 
said : " I have lived a long time, and the longer I live, the 
more convincing proofs I see of this truth, that God 
GOVERNS IN THE AFFAIRS OF MEN. And if a sparrow can- 
not fall without His notice, is it probable that an empire 
can rise without His aid ? " Surely we have every reason 
to think that Franklin was right. Nothing seems to have 



50 CIVICS FOE YOUNG AMERICANS. 

been overlooked. How wise to have the Chief Justice pre- 
side over the Senate when the President of the United States 
is on trial ! Because, you remember, if the President is 
found guilty, the Vice-President becomes the President. 
Think of the temptation, then, for the Vice-President, were 
he presiding, sometimes to decide points against the Presi- 
dent, hoping he may be found guilty. Our forefathers 
removed all chances of temptation by requiring the Chief 
Justice to preside when the President of the United States 
is on trial. 

According to the Constitution, — 

" Judgment in case of impeachment shall not extend 
further than to removal from office, and disqualifica- 
tion to hold and enjoy any office of honor, trust, or 
profit under the United States ; but the party convicted 
shall, nevertheless, be liable and subject to indictment, 
trial, and punishment, according to law." 

This is another grand provision of the Constitution. 
Its meaning is, that, though a man who is impeached 
may be tried and found guilty by the Senate, the Senate 
can punish him only by removing him from office. Then 
if his offence is anything for which he can be punished by 
law, he can have another trial by jury. You learn from 
this, that there is only one way by which a man can be 
deprived of liberty or put to death, and that is after 



THE SENATE. 51 

he has had a fair trial and has been found guilty of an 
offence. 

How different this is in England ! There the House of 
Lords may inflict banishment from the country, take a 
man's property from him, put him in prison, or sentence 
him to death. 

There are many cases in history of men who have 
worked hard for the party which they represented, and 
have thus made enemies, who, to get them out of the way, 
have had them impeached, found guilty, and sentenced to 
death. All this because they stood in the way of the 
wicked schemes of their opponents in office. 

My young American friends, be proud of the fact that 
your forefathers were the first in the world to do 

AWAY with such A BAD, BAD LAW. 

In this country, an officer is tried on an impeachment. 
If found guilty, he is removed from office. He is then 
arrested, if his crime is one for which it is thought he 
should be arrested, given a fair trial by a court of justice, 
and if found guilty, he is punished. He has, however, a 
trial by juiy, the same as any other man, and hence his 
political enemies have no power over him. 

The Constitution states that, — 

" The time, place, and manner of holding elections for 
senators and representatives shall be prescribed in 
each state by the legislature thereof ; but Congress 



52 CIVICS FOR YOUXG AMERICANS. 

may at any time, by law, make or alter such regula- 
tion, except as to tlie place of choosing senators." 

This is for the following reason : Should the legisla- 
ture of a state become disloyal or negligent, and fail to 
call an election, Congress can do so, in order to protect 
itself. Then, if they do not attend to it, Congress can set 
a time, and if they still neglect it, they lose their repre- 
sentative in Congress for that term. 

Congress meets at least once a year, so there can be no 
chance for the country to suffer from want of legislation. 
The meetings begin on the first Monday in December. 

The Constitution says, — 

" Each house shall be the judge of the election returns,, 
and qualifications of its own members, and a majority 
of each shall constitute a quorum to do business ; but 
a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent 
members in such manner and under such penalties as. 
each house may provide." 

This is a thoughtful provision, for it might happen 
that two men from the same state might each claim to 
have been regularly elected a senator or representative. 
In all such cases, you will notice, the house to which the 
man claims to have been elected, hears both sides, and then 



THE SEJfATE. 63 

determines who is entitled to the seat. If some other de- 
partment had the power to determine who was entitled to 
the seat, there might be a time when said department 
would be strongly partisan, and hence it would be 
tempted to decide in favor of the one belonging to its 
own party. 

It is also well that the Constitution requires a major- 
ity to make the laws, for if it did not, a small number of 
either house might meet and make bad laws to carry out 
some scheme of their own. 

Our forefathers thought that there might come a time 
during some high political excitement, when a majority 
of either house might stay away, thinking by so doing to 
stop legislation. To prevent this they give the minority 
power to oblige the majority to be present. 

In England, the House of Commons can do business 
with a comparatively small portion of the members 
present. A quorum of the House of Lords, including the 
Chancellor, is three ! 

By the Constitution, — 

^"^Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with 
the concurrence of two-thirds, expel a member." 

The framers of the Constitution showed their wisdom 
in making each house an independent body. The rules 



54 CIVICS FOE YOUNG AMERICANS. 

that govern the house are called Parliamentary Law. 
These rules or laws every member is obliged to respect. 

One important rule is, that no bill, i.e. a proposed law, 
shall be passed without being read before the house three 
times, and, furthermore, the three readings shall not take 
place on the same day. 

It often happens that a bill is read which sounds as if 
it would be an excellent law ; but some wise-head, who 
thinks it over during the night, surprises his fellow-mem- 
bers in the morning by showing them wherein it would 
not be good at all, but, in fact, would be very bad. For 
example, the captain of a boat once made a law (without 
a third reading) which read as follows, — 

" The seats in this cabin are reserved for ladies. Gen- 
tlemen are requested not to occupy them until the ladies 
are seated." 

At the first reading this sounds like a very good law ; 
but read it again thoughtfully, and you see it gives the 
gentlemen the liberty to sit in the ladies' laps ! 

How wise, too, is the clause which requires a two- 
thirds vote to expel a member. Rarely ever has one 
party a two-thirds majority, hence no member can be 
expelled on mere party grounds. Could a majority expel 
a member, there might be a temptation, during some high 
political excitement, to expel a member, (or members,) 
simply because he was of the opposite party. Our wise 
old forefathers, however, left no such temptation possible. 



THE SENATE. 



55 



Again, — 

" Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such 
parts as may in their judgment require secrecy ; and 
the yeas and nays of the members of either house on 
any question, shall, at the desire of one-fifth of those 
present, be entered on the journal." 

This is no more than right, as the congressmen are 
the agents of the people, and the peojDle have a right to 
know what their agents are doing. 

The yeas and nays clause is a thoughtful one ; for 
a man voting on a bill will be very careful if he is 
voting by yea or nay, as at any time in the future his 
constituents can tell just how he voted. 

The yeas and nays are taken by having the clerk call 
the roll, and those members who are in favor of the bill, 
when their names are called, say " yea." Those who are 
opposed to the bill, when their names are called, say 
" nay." The answers are written opi^osite each member's 
name. 

Everything in this free country is done openly. Any 
person may go into either house and stay as long as he 
may desire, excepting on rare occasions, when, as in time 
of war, it is thought best by either house to require 
secrecy, when they hold what are called executive sessions 
or committees of the whole. 



56 CIVICS FOR YOUN'G AMERICANS. 

In England, no person can go into the House of Parli- 
ament without an order, or pass, from some member, and 
even then all persons not members must retire when a 
vote is about to be taken. ■ 

The Constitution provides that, — 

" The senators and representatives shall receive a com- 
pensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. 
They shall, in all cases, except treason, felony, and 
breach of the peace, be privileged from arrest during 
their attendance at the session of their respective 
houses, and in going to and returning from the same ; 
and for any speech or debate in either house they 
shall not be questioned in any other place." 

This is one of the most important clauses in the Con- 
stitution. If payment were left with the different states 
it might not always be prompt or sure, and so, many 
times, the senators or representatives might feel they 
need not attend and work for uncertain pay. In fact, 
there were just such cases during the Confederation, and 
our forefathers, seeing the evils of them, made the new 
Constitution on a wiser plan. 

Again, if the pay of the congressmen were left with 
the states, the national or head government would be 
dependent upon the local or state governments. This 
would be very unjust. 



THE SENATE. 57 

The members of the houses m England do not receive 
any pay. The result is, that the members who are not 
wealthy have to depend on their wealthy friends, and 
therefore must at all times act to please them. 

A. man who is making the laws of a nation should be 
independent to act as his conscience tells him, and not as 
some one else may dictate to him. 

The last part of this clause in our Constitution is as 
important as the first ; for how often might a state be 
deprived of a representative, if he could be arrested for 
any petty offence. There might be a time when a law 
ought to be passed which a few men did not, for selfish 
reasons, desire passed. To carry out their selfish ends 
they might have a member arrested on some trifling 
charge, just to keep him from the house, that he might 
not vote for the law. Of course, if a member is guilty 
of a high crime, he is not fit to be a congressman, and it 
is right that he be arrested. 

Our forefathers knew that a man should not fear to 
say just what he thinks, at all times, about a law or bill 
which may come before the house of which he is a mem- 
ber, and in order that he may not fear to do so, the}' 
added this provision to the Constitution : " That no person 
vshall be questioned in any other place for what he may 
say while making a speech at debate in either house." 
Freedom of speech, as they very well knew, is absolutely 
necessary to good government. 



58 CIVICS FOR YOUNG AMEEICANS. 

In England, a member cannot be held for what he says 
in either house, but if he has the speech printed he can 
be prosecuted. 

In our country, a member is free to print all of his 
speeches if he so desire. 

Notice how careful the framers of the Constitution 
were to remove temptation from those who were to be 
our congressmen. 

By a thoughtful provision of the Constitution, — 

"No senator or representative shall, during the time 
for which he was elected, be appointed to any civil 
office under the authority of the United States, which 
shall have been created, or the emoluments whereof 
shall have been increased during such time ; and no 
person holding any office under the United States, shall 
be a member of either house during his continuance in 
office." 

This clause of the Constitution makes it impossible for 
a member of Congress to cause a paying office to be 
created for his own good. The country needs the time 
of the representatives to do work for the good of the 
people, and not for themselves. 

The law makers should not have anything else on 
their minds when making the laws for a nation, thought 
our forefathers, and hence they added the last part of 
this clause, forbidding congressmen to hold office. 



THE SENATE. 59 

In England, a man while a member of either house 
can hold an office under the government. 
The Constitution requires that, — 

" All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may oppose 
or concur with amendments as on other bills." 

This clause means that all bills for raising money, 
that is, that tell how the money shall be raised for carry- 
ing on the government, shall be first passed in the House. 
Why our forefathers thought this a wise thing is not 
clear. Probably they thought that because it is the larger 
house the bills would come more directly from the people. 
The last part of the clause is wise, as it prevents the 
house from having too much power. 

In England, all money bills must originate in the 
House of Commons, but the House of Lords cannot change 
them in any way. This gives the House of Commons 
great power if they choose to use it. There are what are 
called " riders " sometimes added to a bill. A " rider " is a 
part of a bill that has really no relation to the main bill, 
yet the bill, to be passed, must be passed " rider" and all. 

Sometimes the House of Commons adds a "rider" to 
a money bill. It may be something which the House of 
Lords dislike very much, still they cannot change the bill 
in any way. They must pass it or reject it. To reject it 



60 CIVICS FOR YOUNG AMERICANS. 

may stop the payments of pensions or salaries, and thus 
throw the country into confusion. Rather than do this 
the Lords pass the bill, '-'rider" and all. 

We should be proud to know that one of our houses 
can never so impose on the other. 

Study the following clause very carefully, as it tells 
how the laws are made by Congress : — 

" Every bill which shall have passed the House of Rep- 
resentatives and the Senate, shall, before it become 
a law, be presented to the President of the United 
States ; if he approve he shall sign it, but if not he 
shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the 
objections at large on their journal, and proceed to 
reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it 
shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and 
if approved by two-thirds of that house, it shall become 
a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be 
entered on the journal of each house respectively. If 
any bill shall not be returned by the President within 
ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like 



THE SENATE. 01 

manner as if he had signed it, unless the Congress, by 
their adjournment, prevent its return, in which case it 
shall not be a law." 

You see by this clause how hard it is to make a bad 
law. In the first place, the bill is passed by one of the 
houses. It is then sent to the other house. If the second 
house passes it, then it goes to the President of the 
United States. After he has looked it over carefull}^, he 
either signs it, and it becomes a law, or he vetoes it, 
that is, refuses to sign it, and sends it back to the house 
that first passed it. Now, before it can become a law, 
two-thirds of this house have to favor it. Next, it is sent 
to the second house again, where a two-thirds vote is also 
necessary. If the two houses pass it a second time, it 
becomes a law without the President's name. You also 
notice that the second time the houses vote on the bill 
they do so by a yea or nay vote, which, as we have said 
before, causes the members to vote very thoughtfully. 

In England, if the king veto a bill it cannot become a 
law. You see where the power lies, even though they 
call it a limited monarchy. It is many years since the 
king has vetoed a law in England ; yet there is nothing 
to prevent him from doing so, should he choose to do it. 

In order to prevent wrong legislation, the following 
clause was added to the Constitution : — 



62 CIVICS FOR YOUNG AMERICANS. 

^' Every order, resolution^ or vote to which the concur- 
rence of the Senate and House of Representatives may 
be necessary (except on a question of adjournment) 
shall be presented to the President of the United 
States ; and before the same shall take effect, shall be 
approved by him, or being disapproved by him, shall 
be repassed by two-thirds of the Senate and House of 
Representatives, according to the rules and limitations 
prescribed in the case of a bill." 

If an order or resolution could be passed by Congress, 
without the signature of the President, a hill or matter of 
great importance, might, by calling it a resolution or order, 
become a law without the President's assent. 



CHAPTER IX. 

WHAT CONGKESS HAS POWER TO DO. 

The Constitution provides that, — 

*' Congress shall have power (1) to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and pro- 
vide for the common defence and general welfare of 
the United States ; but all duties, imposts, and excises 
shall be uniform throughout the United States." 

You remember that during the Confederation Congress 
had not this power, and the result was we had no gov- 
ernment. 

^^ (2) To borrow money on the credit of the United 
States." 

During the war of 1812 and also during the Civil War 
this proved to be a wise provision, for had Congress been 
without this power there would have been no money to 
carry on the war, and we might not to-day have been 
living in a republic. 



64 CIVICS FOR YOUNG AMERICANS. 

" (3) To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes." 

This means to make the rules that must be followed 
by other nations who enter our ports. You remember 
reading in your history that, during the Confederation,, 
foreign nations placed such restrictions as they pleased on 
our commerce, but Congress had no power to do the same 
with them, and hence we were at the mercy of those for- 
eign nations. 

" (4) To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies through- 
out the United States." 

If Congress had not this power each state might have 
a different law which would oftentimes cause trouble. 

" (5) To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures." 

If money was not of the same value all over the coun- 
try there would be constant confusion. If the weights 
and measures were not uniform, one state might call ten 
ounces a pound, and another state might call twenty 
ounces a pound, which, of course, would be a very foolisk 
and confusing condition of things. 



WHAT CONGEESS HAS POWER TO DO. 65 

" (6) To provide for the punishment of counterfeiting 
the securities and current coin of the United States." 

A man guilty of counterfeiting the securities and 
moneys of the United States commits an offence, not 
against any one state, but against the government ; hence 
it is right that the government shall have the power to 
provide for his punishment. 

" (7) To establish post-offices and post-roads." 

A post-road is one over which the mail is carried ; all 
railroads are post-roads. 

" (8) To promote the progress of science and useful arts, 
by securing for limited times to authors and inventors 
the exclusive right to their respective writings and 
discoveries." 

This means to grant copyrights and patents. The 
power is given to Congress in order that the copyright 
or patent may be as good and binding in one state as 
another. By a copyright an author is given the sole 
right to print and sell his work in the United States for 
a period of twenty-eight years, at the end of which time 
he can have it continued fourteen years longer. An 
inventor's patent secures to him the sole riglit to make, 
use, or sell his invention in the United States for a period 



66 CIVICS FOR YOUNG AMERICANS. 

of seventeen years, and, if renewed, for the additional 
period of seven years. 

" (9) To constitute tribunals inferior to the supreme 
court. 

" (10) To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law 
of nations. 

^' (11) To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and water." 

If a citizen of the United States should be guilty of 
piracy or felony, foreign countries would hold the general 
government responsible for it, and not any one state : 
therefore the government should have the power to pun- 
ish such offences. 

To grant letters of marque and reprisal is to grant 
commissions to citizens to seize the property of an enemy 
at war. If individuals were to do this of themselves they 
could, if captured, be treated as pirates. But if they have 
these letters of marque and reprisal they must, if captured 
by the enemy, be treated as prisoners of war. 

" (12) To raise and support armies ; but no appropriation 
of money to that use shall be for a longer term than 
two years. 

" (13) To provide and maintain a navy. 



WHAT CONGRESS HAS POWER TO DO. 67 

" (14) To make rules for the government and regulation 
of the land and naval forces. 

" (15) To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions. 

" (16) To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as 
may be employed in the service of the United States, 
reserving to the states respectively the appointment of 
the officers, and the authority of training the militia 
according to the discipline prescribed by Congress." 

Dr. Joseph Alden says, when writing of the above 
powers of Congress : " Under the Confederation, Congress 
had no power to raise armies. It had power simply to 
agree upon the number of land forces, and to make requi- 
sitions from each state for its quota. It was the duty of 
each state to furnish its quota. Experience proved that 
the system was miserably inadequate." 

If Congress had not power to organize, arm, and disci- 
pline the militia, it would be necessary to keep a standing 
army, which would be a great expense to the government. 

^' (17) To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles 
square) as may, by cession of particular states, and the 
acceptance of Congress, become the seat of the govern- 



68 CIVICS FOR YOUNG AMEEICANS. 

ment of the United States ; and to exercise like author- 
ity over all places purchased by the consent of the 
legislature of the state in which the same shall be, for 
the erection of forts, magazines, arsenals, dock-yards, 
and other needful buildings ; — and 
" To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and 
all other powers vested by this Constitution in the 
government of the United States, or in any department 
or officer thereof." 

All this has reference to the District of Columbia in 
which Washington, the capital of the United States, is 
situated. In order that Congress may be independent, it 
is necessary that it should possess supreme authority over 
the place of its sessions. 

At one time the Congress of the Confederation, during 
its meetings in Philadelphia, was surrounded by a mob of 
mutineers from the Continental army, who were angry 
because they had not received any pay for several months. 

The governor of the state was so tardy about taking 
any steps to defend Congress that it adjourned to Prince- 
ton, N. J. Had Congress had the power then over its 
place of meeting that it now has, the mutineers would 
have been quelled at once. 



CHAPTER X. 

WHAT CONGEESS AND THE STATES CANNOT DO. 

In this country we have what is called the writ of 
habexis corjnis} It is to prevent unjust imprisonment. 
If a man is arrested and placed in prison, a writ of 
habeas corjnis may be sued out before a legal judge. 
The judge, by the " writ of habeas corpus,'' orders that 
the arrested man be brought before him. The man who 
caused the arrest must then show good reason for it, or 
the person accused is discharged. 

Notice the following important clause of the Constitu- 
tion, — 

".The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or inva- 
sion the public safety may require it." 

This is a law of which every American should be 
proud. In some countries men have been kept in prison 

^ These are two Latin words which mean, "you may have the 
body." 



70 CIYICS FOR YOUIS^G AMERICANS. 

year after year until they liave sickened and died with 
broken hearts, when there was no just cause why they 
should have been imprisoned at all. 
Again, — 

" No bill of attainder or ex post-facto law shall be passed." 

A bill of attainder is an act of the legislature inflicting 
the punishment of death, ivitliout trial, upon persons sup- 
posed to be guilty of high crimes. What a fearful law 
this is ! Many men have been made to suffer by it. No 
such bloody deeds can be done in the United States, and 

OURS IS THE FIRST GOVERNMENT PROHIBITING ACTS OF 

ATTAINDER. My youug Americans, are you not proud of 
our noble old forefathers ? 

An ex 'posi-facto -^ law is one which renders an act 
punishable after it was done, which was not punishable 
at the time it was committed. 

When a law has been made, it should be published at 
once, that the people may know what it is. Not, how- 
ever, as the Roman Emperor, Caligula, is said to have 
published his laws ; (1) by having them written in very 
small characters and (2) by having them hung upon high 
pillars, so that he could ensnare the people, which by the 
way, he often did. In fact, so vile was he, that one his- 
torian has said that " his ferocious acts seem like the 

^ Meaning " after the deed is done." 



WHAT CONGRESS AND THE STATES CANNOT DO. 71 

wild freaks of a madman." If the laws of this old tyrant 
were nnjust, how much more so are those laws, that make 
an act punishable after the deed is done, that was not 
unlawful at the time it was committed. 

For example, let us suppose that on August first, John 
Smith, while hunting, shoots a deer. After the shooting, 
a law is enacted making it unlawful to shoot deer on 
August first, when Mr. Smith is arrested and put into 
prison for having shot the deer. How wrong such an 
imprisonment would be, and how unjust the law, that 
would make Mr. Smith's act a punishable one ! and yet 
there are countries that have had these ex j)ost-facto 
laws. Our Constitution prohibits such injustice. 

The following are wise provisions of the Constitution 
with reference to the several states, — 

" (1) No tax or duty shall be laid on articles exported 
from any state. 

" (2) No preference shall be given by any regulation of 
commerce or revenue to the ports of one state over 
those of another ; nor shall vessels bound to, or from, 
one state, be obliged to enter, clear, or pay duties in 
another." 

You remember how England passed a law during the 
colonial times, prohibiting the colonies importing any- 
thing whatever from any country in Europe, unless it was 
shipped from an English port and in an English ship. 



72 CIVICS FOR YOUNG AMEEICANS. 

Our forefathers, remembering this unjust law of Eng- 
land, determined that no such law should ever exist 
between the states. The different states are treated with 
equal justice. 

" (3) No money shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a 
regular statement and account of the receipts and 
expenditures of all public money shall be published 
from time to time." 

This clause is for the purpose of protecting the public 
funds. Those who have charge of the moneys will be 
more careful if they know they must publish just how 
much money they liave received, and how much paid out, 
and for what purposes. 

" (4) No title of nobility shall be granted by the United 
States, and no person holding any office of profit or 
trust under them, shall, without the consent of the 
Congress, accept of any present, emolument, office, or 
title, of any kind whatever, from any king, prince, or 
foreign state." 

In republics all men have equal rights. There should, 
then, be no titles of nobility. If foreign nations could 
confer titles of nobility on our officers, they might be 
offered sometimes as bribes. 



WHAT CONGRESS AND THE STATES CANNOT DO. 73 

You have learned tliat Congress is forbidden to pass 
certain laws ; that prohibition would be of little use if the 
states were not also prohibited from passing them. You 
will notice that the following clauses of the Constitution 
make such prohibitions : — 

" (5) No state shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; 
coin money ; emit bills of credit ; make anything but 
gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex 'post-facto law, or law 
impairing the obligation of contracts, or grant any 
title of nobility. 

^' (6) No state shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, ex- 
cept what may be absolutely necessary for executing 
its inspection laws ; and the net produce of all duties 
and imposts, laid by any state on imports or exports, 
shall be for the use of the treasury of the United 
States ; and all such laws shall be subject to the re- 
vision and control of the Congress. 

^'(7) No state shall, without the consent of Congress, lay 
any duty of tonnage, keep troops, or ships of war in 
time of peace, enter into any agreement or compact 
with another state, or with a foreign power, or engage 
in war, unless actually invaded, or in such imminent 
danger as will not admit of delay." 



74 CIVICS FOR YOUNG AMEEICANS. 

Although the states are given the power to lay 
imposts, etc., it is impossible for them to abuse this 
power, as all such laws are subject to the revision and 
control of the Congress. 



CHAPTER XI. 

THE EXECUTIVE DEPAKTMEIS"T. 

Do you know that when your father votes, he does not 
vote directly for the President of the United States, but 
for men called electors, and these vote for the President ? 
This method was planned by our forefathers, because 
they thought it would l^e a surer way of choosing one of 
the best citizens. 

They thought that if the people of each state were to 
choose a number of the best citizens as electors, that 
these electors could meet and choose a President and Vice- 
President better than the people at large, and so the Con- 
stitution provides that, — 

" The executive power shall be vested in a President of 
the United States of America. He shall hold his 
office during the term of four years, and, together 
with the Vice-President, chosen for the same term, be 
elected as follows. 

" Each state shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors, equal 



76 CIVICS FOR YOUNG AMERICANS. 

to the whole number of senators and representatives 
to which the state may be entitled in the Congress ; 
but no senator or representative, or person holding an 
office of trust or profit under the United States, shall 
be appointed an elector." 

It is the duty of the President to execute the laws. 
The history of past nations shows that it is much better 
to have the executive power in the hands of a single per- 
son. Even some of our own states, during the Revolu- 
tionary War, gave the executive power into the hands of 
more than one person. By reading the history of Penn- 
sylvania you will learn of the evils resulting from that 
plan. 

The President is elected for four years, but he can be 
re-elected as often as the people choose. Washington, 
however, recommended that he never be elected for more 
than two terms. " The weakness and wickedness of man 
require that great power should not be in the same hands 
for any great length of time." 

The last provision of this clause is also a wise one ; 
for a man holding an office would be tempted to vote for 
one who would keep him in office. As it is, the electors 
have no interest of their own in choosing the President. 

These are the rules laid down in the Constitution for 
the election, — 



THE EXECUTIVE DEPARTMENT. / 7 

"(1) The electors shall meet in their respective states, 
and vote by ballot for President and Vice-President, one 
of whom, at least, shall not be an inhabitant of the 
same state with themselves ; they shall name in their 
ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-President, and 
they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-Presi- 
dent, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed 
to the president of the Senate ; the president of the 
Senate shall, in presence of the Senate and House of 
Representatives, open all the certificates, and the votes 
shall be counted ; the person having the greatest num- 
ber of votes for President shall be the President, if such 
number be a majority of the whole number of electors 
appointed ; and if no person have such majority, then 
from the persons having the highest numbers, not ex- 
ceeding; three on the list of those voted for as Presi- 
dent, the House of Representatives shall choose imme- 
diately, by ballot, the President. But in choosing the 

- President, the votes shall be taken by states, the repre- 
sentation from each state having one vote ; a quorum 
for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of all the 
states shall be necessary to a choice. And if the House 



i8 CIVICS FOE YOUNG AMEEICANS. 

of Eepresentatives shall not choose a President when- 
ever the right of choice shall devolve upon them, be- 
fore the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of 
the death or other constitutional disability of the Presi- 
dent. 

*' (2) The person having the greatest number of votes 
as Vice-President, shall be the Vice-President, if such 
number be a majority of the whole number of electors 
appointed ; and if no person have a majority, then 
from the two highest numbers on the list, the Senate 
shall choose the Vice-President : a quorum for the pur- 
pose shall consist of two-thirds of the whole number 
of senators, and a majority of the whole number shall 
be necessary to a choice. 

" (3) But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President 
of the United States." 

This clause is not carried out as it was intended to be. 
For, you know, the people now nominate their candidates 
and vote for the electors, and these are expected to vote 
for their candidate. If, however, by any action of his 
own, a candidate proves himself unfit for this high office, 
the electors are under no obligation to vote for him. 

You notice that, if the electors fail to elect a President 
the House of Representatives proceeds to elect one, be- 



THE EXECUTIVE DEPARTMENT. 79 

cause, the House of Representatives being the larger body 
of Congress, the choice comes more directly from the 
people. The privilege of electing the Vice-President, 
when the electors have failed to do so, is given to the 
Senate, because when elected he becomes their presiding 
officer. 

You may have heard sometime that the candidate 
receiving the popular vote was not after all elected Presi- 
dent. Let us see how this is possible. We will suppose 
there are six states, say the New England, which will • 
answer our purpose as well as the whole thirty-eight. 

Maine is entitled to 6 electors. 

Vermont is entitled to 4 electors. 

New Hampshire is entitled to 4 electors. 
Massachusetts is entitled to 14 electors. 
Connecticut is entitled to 6 electors. 

Rhode Island is entitled to 4 electors. 

Now we will suppose that one party has for a candi- 
date John Doe, and that another party has for a can- 
didate Richard Roe. The following table will show the 
result : — 



so 



CIVICS FOR YOUNG AMERICANS. 















CO 


bH 


Name of states. • 


Votes cast 
for Roe 
electors. 


Votes cast 
for Doe 
electors. 


Roe's 
majority. 


Doe's 
majority. 


O Oi 

[2; "oJ 


^ o 


0) o 

<=> ii 


Maine .... 


20,000 


15,000 


5000 




6 


6 




Vermont . . . 


10,000 


11,000 




1000 


4 




4 


New Hampshire 


12,000 


11,000 


1000 




4 


4 




Massaclmsetts . 


30,000 


32,000 




2000 


14 




14 


Connecticut . . 


20,000 


15,000 


5000 




6 


6 




Ehode Island . 


10,000 


11,000 




1000 


4 




4 


Total . . . 


102,000 


95,000 


11,000 


4000 


38 


16 


22 



You see that, notwithstanding 7000 more votes were 
cast by the Roe party than by the Doe party, Doe is 
elected President because he has the greatest number of 
electors. It makes no difference whether a man carries a 
state by one thousand or only one majority ; he has the vote 
of the electors from that state. ^ 



1 People have sometimes felt that the framers of the Constitution 
were unjust in making it possible for a man to be elected President 
of the United States without having received the popular vote. Let 
us study the plan carefully, and we shall find that our forefathers 
were as thoughtful in this matter as we have found they were in 
every other. There were, at the time of Mr. Cleveland's election, 
three hundred and twenty-five (325) members in the House of Rep- 
resentatives, and seventy-six (76) members in the Senate, making 



THE EXECUTIVE DEPARTMENT. 81 

Accordino- to the Constitution, — 



o 



"The Congress may determine the time of choosing the 
electors, and the day on which they shall give their 
votes ; which day shall be the same throughout the 
United States." 

And it also states that, — 

" No person except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of Presi- 
dent ; neither shall any person be eligible to that 

in all four huudi'ed aud one (401) representatives of the people to 
make their laws for the country. Of these New York, for example, 
had thirty-four in the House and two in the Senate, or ^W of the 
whole number. If New York had had one-half of all the members, 
she, of course, would have had one-half to say when a new4aw was 
being made. Since she did liave -^-^^ of the members she had -^j to 
say. 

Now, let us suppose that a new law has been passed. There is to 
be elected an executive to execute this law. How much shall New 
York have to say about this election? There are to be elected four 
hundred and one (401) electors, aud of these New York is entitled 
to thirty-six (36), or ^^fy of the whole number. New York, then, 
has just as much to say as to who shall execute that law as she had 
in making the law. AVhat can be more just? We must not lose 
sight of the fact that the President is President of the United States, 
therefore, the States, as States, should have the choosing of him for 
bis hio;h office. 



82 CIVICS FOR YOUNG AMERICAI^S. 

office who shall not have attamed to the age of 
thirty-five years, and been fourteen years a resident 
within the United States." 

According to law, the electors are chosen on the Tues- 
day next after the first Monday in the last November of 
each presidential term ; that is. President Cleveland, who 
is now President, will have served his term of office by 
March 4, 1889. The electors, then, that are to choose his 
successor will be chosen on Tuesday, Nov. 6, 1888 ; as this 
will be the first Tuesday next after the first Monday in 
the last November of Mr. Cleveland's term. 

According to law, the electors meet to give their votes 
on the first Wednesday in the last December of each presi- 
dential term. Hence the electors that give their votes 
for Mr. Cleveland's successor will meet on Wednesday, 
Dec. 5, 1888. 

The electors meet in their respective states, usually in 
the state capitol. 

Only American citizens of the United States can be 
elected President or Vice-President of the United States. 
The exception named in the Constitution was a compli- 
ment to those patriotic men who had labored for the 
country during the War of the Revolution. All of these 
men are now dead, and no one but a native-born citizen 
can be elected. 

The Constitution requires that, — 



THE EXECUTIVE DEPARTMENT. 83 

^^ In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall 
devolve on the Vice-President ; and the Congress may 
by law provide for the case of removal, death, resigna- 
tion, or inability, both of the President and Vice-Presi- 
dent, declaring what officer shall then act as President, 
and such officer shall act accordingly, until the disabil- 
ity be removed, or a President shall be elected." 

For many years it was understood that if the Presi- 
dent and Vice-President were both removed, by death or 
other cause, from the office of President, the president of 
the Senate j)ro tenipor^e should act as President. 

Four Presidents have died in office, viz. : Harrison, 
Taylor, Lincoln, and Garfield, and the following Vice- 
Presidents became Presidents, viz. : Tyler, Fillmore, John- 
son, and Arthur. There was always more or less anxiety 
felt when a Vice-President became President, as all knew 
it was possible for the Vice-President to die before his 
term of office expired. 

Many people felt that it would hardly be just for the 
president of the Senate jjro tempore to act as President, 
because he might be of one party and the President might 
have been of another party. The people by their votes 
might have said they desired a change of party. By 
this act it was possible that there would be no change, 
therefore a new law has been made. 



84 CIVICS FOR YOUNG AMERICANS. 

When a man is elected President of the United States, 
he appoints seven men of his party to aid liim in exe- 
cuting the laws. These men are called the President'^ 
Cabinet, and are known as the Secretary of State, the Sec- 
retary of the Treasury, the Secretary of War, the Attor- 
ney-Greneral, the Postmaster-General, the Secretary of the 
Navy, and the Secretary of the Interior. 

The President's Cabinet, consisting of able and well- 
known men, and being also of the same party as the 
President and Vice-President, it was thought no more 
than right that should the President and Vice-President 
both be removed from office by death or any other cause,, 
the members of the Cabinet should be their successors. 
And, hence, according to law the first in order is the 
Secretary of State ; the succession then passes from one 
member of the Cabinet to another in the following order : 
(1) Secretary of the Treasury; (2) Secretary of War; (3) 
Attorney-General ; (4) Postmaster-General ; (5) Secretary 
of the Navy ; (6) Secretary of the Interior. 

The Constitution next provides that, — 

" (1) The President shall, at stated times, receive for his 
services a compensation, which shall neither be in- 
creased nor diminished during the period for which 
he shall have been elected, and he shall- not receive 
within that period any other emolument from the 
United States, or any of them. 



THE EXECUTIVE DEPARTMENT. 85 

^' (2) Before he enter on the execution of his office, he 
shall take the following oath or affirmation : — 

" ' I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, 
and defend the Constitution of the United States.' " 

This is a wise provision, as it renders the President 
independent of Congress. " If his salary could be in- 
creased, he might be tempted to conform to the wishes of 
the house to gain an increase of income. If his salary 
could be diminished, the house might use that power to 
make him subservient." 

All of the Presidents up to the time of General Grant's 
second term received a salary of $25,000 a year. Since 
that time they have received $50,000 a year. 

"■' (3) The President shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several states, when called into the actual ser- 
vice of the United States ; he may require the opinion, 
in writing, of the principal officer in each of the execu- 
tive departments, upon any subject relating to the duties 
of their respective offices, and he shall have power to 
grant reprieves and pardons for offences against the 
United States, except in cases of impeachment." 



86 CIVICS FOE YOUNG AMEEIGANS. 

The army and navy should be under the control of the 
President, because it is his duty to see that the laws are 
executed. If at any time force is required, he has the 
military power to assist him. 

By the heads of departments are meant the members, 
of the President's Cabinet. It was thought they would be 
more careful if obliged to give their opinions in writing. 

It is possible for a man to be found guilty of a crime 
when he is innocent. If there was 7iot any j^f^f'^" Zoning 
power there would be no way of righting an injustice. 

If the President could pardon a man found guilty on 
impeachment, he might be tempted to favor his political 
friends, no matter what their political offence might be. 

" (4) He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two- 
thirds of the senators present concur; and he shall 
nominate, and by and with the advice and consent of 
the Senate, shall appoint, ambassadors, other public 
ministers and consuls, judges of the supreme court, and 
all other officers of the United States, whose appoint- 
ments are not herein otherwise provided for, and which 
shall be established by law : but the Congress may 
by law vest the appointment of such inferior officers, 
as they think proper, in the President alone, in the 
courts of law^ or in the heads of departments." 



THE EXECUTIVE DEPARTMENT. 87 

The power to make treaties is placed in the hands of 
the President because at all times he is familiar with for- 
eign affairs. Then, oftentimes, it is well to maintain 
secrecy while making a treaty. This could not be done 
in large bodies. The President must act with care, as his 
treaties are not binding upon the United States till two- 
thirds of the Senate agree to them. 

By ambassadors are meant ministers of the highest 
rank. They are sent by the government to represent it, 
and manage its interests at the court of some other gov- 
ernment. 

Consuls are agents for the government. They are 
sent to foreign countries to look after, and protect the 
rights, commerce, merchants, and government seamen, and 
attend to such other duties as may be given them. 

These are important positions, and good men should 
be chosen to fill them. For this reason our forefathers 
thought best to place the appointing of them in the hands 
of the President of the United States and the Senate. 

"(5) The President shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, 
by granting commissions which shall expire at the end 
of their next session." 

It was necessary to give this power to the President, 
in order that all of the departments of the government 
might at all times be in working order. 



88 CIVICS FOE YOUNG AMEEICANS. 

" (6) The President shall from time to time give to the 
Congress information of the state of the Union, and 
recommend to their consideration such measures as he 
shall judge necessary and expedient ; he may, on 
extraordinary occasions, convene both houses, or either- 
of them, and in case of disagreement between them, 
with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public minis- 
ters ; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the 
United States." 

The information is given to Congress in the form of 
a written message and is called, " The President's Mes- 
sage." 

At the time of the firing upon Fort Sumpter the Presi- 
dent of the United States convened Congress, which met 
and took action at once to stop the rebellion. Had the 
President not been given the power to convene Congress, 
there is no knowing what might have happened to our 
country. 

Our forefathers thought it wise that some one person 
be responsible for the reception of ambassadors and other 
public ministers, and hence they designated the President 
as such person. 



THE EXECUTIVE DEPARTMENT. 89 

(7) " The President, Vice-President, and all civil officers of 
the United States, shall be removed from office on im- 
peachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors." 

By this clause officers are plainly told upon what 
ground they may be impeached. This was in order that 
no officer should be impeached by an ex post-facto law. 
We will see in another chapter what is meant by treason 
and bribery. 

In England, the king is the executive. " He appoints 
his ministers, who perform all executive acts in his name, 
and are responsilile to the nation. It is a maxim of the 
English Constitution that ' the king can do no wrong ' ; 
but if his ministers do wrong " (even though they act to 
please the king) '•■ they cannot plead the king's commands 
in justification," ^ but are held responsible to the country 
themselves. 

You may have heard people say that it is bad for our 
country to have a change in administrators so often, 
meaning every four years. Just notice carefully what is 
to follow, and you will learn how much better off our 
country is, in this respect, than England. " The ministers 
are termed the administrators in England. The character 
of the administration depends upon the character of the 
majority of the House of Commons. If a majority of the 

^ Alden's Science of Government. 



90 CIVICS FOR YOUNG AMERICANS. 

House are Whigs/ the administration will be a Whig ad- 
ministration ; that is, the king will send for a leading Whig 
statesman, and tell him to form an administration. He 
selects such men for his associates as he thinks best, and 
they are appointed by the king. The person who forms 
the administration is called the Prime Minister, and 
selects his office, commonly that of the first Lord of the 
Treasury. 

" The cabinet, or cabinet-council, consists of such of the 
prominent ministers as are more immediately in the con- 
fidence of the king, who are summoned to consult upon 
executive matters. 

" If, while a Whig ministry is in power, the political 
character of the House of Commons should change, and 
a majority become Tories, one of two things would take 
place. The ministers would resign and a Tory adminis- 
tration be formed, or Parliament ivould he dissolved and 
a new election held. If, in the new Parliament, the 
majority were Whigs, the ministers would remain in office ; 
if not, they would resign. Thus, while the ministers are 
said to hold office at the will of the king, they really hold 
office at the will of the majority in the House of Com- 
mons. Changes in the administration are consequently 
more frequent in England than in the United States." ^ 

^ The Whigs are those who advocate popular rights. The Tories 
are those who support the king iu his high claims. 
^ Alden. 



CHAPTER XII. 

THE JUDICIAL DEPARTMENT. 

We are now to learn of the most important depart- 
ment, the judicial. 

The Congress makes the laws, the judiciary depart- 
ment interprets and applies those laws. The rights of 
the people then depend more upon the ability and hon- 
esty of the judges than upon any other department of the 
government. There can be no prosperity in a govern- 
ment where justice is not to be had. The judiciary de- 
partment has the administering of justice in its hands. 
Our forefathers knew this, and for that reason they were 
careful to make the judicial an able and independent de- 
partment, and hence provided that, — 

" (1) The judicial power of the United States shall be 
vested in one supreme court, and in such inferior 
courts as the Congress may from time to time ordain 
and establish. The judges, both of the supreme and 
inferior courts, shall hold their offices during good 
behavior, and shall, at stated times, receive for their 



92 CIVICS FOE YOUNG AMEEICAN^S. 

services a compensation, wliich shall not be diminished 
during their continuance in office." 

You learn from this clause how the judges are made 
independent of all political parties. Their office depends 
on their own good behavior. As long as they are honest 
and upright there is no earthly power that can remove 
them. If they are not honest and upright, they can be 
impeached by the House, and, after trial by the Senate, 
can be removed from office. Another wise provision is 
that which says their compensation, i.e. their salary, can- 
not be diminished during their continuance in office, so 
there is no temptation for Congress to try to starve them 
to do as they might desire them. You remember that in 
the colonial times the judges held their offices at the will 
of the king. This is yet true in many monarchial govern- 
ments. It is a sad condition of things, and we should 
all be thankful that our forefathers showed such wisdom 
when forming this portion of our Constitution. 

The Supreme Court of the United States is composed 
of one chief-justice, and eight associate justices. The 
ohief-justice receives a salary of |10,500 a year, and the 
associate justices receive each $10,000 a year 

The other officers of the national courts are the attor- 
ney-general, the district-attorneys, the marshals, and the 
clerks, each of whom has his own particular duties to 
perform. 



THE JUDICIAL DErARTMENT 93 

" (2) The judicial power shcall extend to all cases, in law 
and equity, arising under this Constitution, the laws 
of the United States, and treaties made, or which shall 
he made, under their authorit}'^ ; to all cases affecting 
ambassadors, other public ministers, and consuls ; to 
all cases of admiralty and maritime jurisdiction ; to 
controversies to which the United States shall be a 
j)arty ; to controversies between two or more states ; 
between citizens of different states ; between citizens 
of the same state claiming lands under grants of 
different states, and between a state, or the citizens 
thereof, and foreign states, citizens, or subjects." 

You notice by this clause that the United States courts 
have jurisdiction in nine subjects. 

Suppose a state should coin some money, and put it 
into circulation. A buys goods of B and offers him some 
of the coin in payment for the goods. B refuses to take 
it. A refuses to give any other money. B brings suit to 
recover his debt, and the state courts decide against B. 
He would then appeal to the United States court. This 
court would decide that the state law making the coin 
lawful money was unconstitutional, and therefore null 
and void. This would be a case arising under the Con- 
stitution. 

Again, suppose a man from our country goes to Eng- 
land, and on his return endeavors to smupjsjle some goods. 



94 CIYICS FOR YOIJNG AMERICAN'S. 

The goods are seized and kept by the government. This 
would be a case arising under the laws of the United 
States. 

" Again, suppose a treaty existed between Great Brit- 
ain and the United States, in which the latter engaged 
to prohibit the exportation of arms to Ireland. A citizen 
of New York is detected shipping arms to Ireland. He 
is arrested and tried by the United States court, and 
punished." ^ This would be a case arising under a treaty 
made. 

Again, if an ambassador or any other public minister 
or consul should be sent to this country from some foreign 
country, he would not be subject to our laws, but to the 
laws of his own country. There are laws of nations, 
however, to which all countries are alike subject. If any 
judicial question affecting an ambassador, consul, or min- 
ister should arise, it would be brought before the United 
States court. This would be a case arising under those 
affecting ambassadors, etc. 

Again; if the United States was at war with another 
country, and a vessel of the United States captured a 
vessel at sea which was thought to belong to the enemy, 
but claimed that it did not, the United States court would 
decide the question. This would be a case arising under 
the admiralty^ 

^ Alden. 



THE JUDICIAL DEPARTMi:XT. 95 

Again, a railroad buys some land of the United States 
and fails to pay for it. The United States can bring a 
suit against the railroad corporation, and compel the 
payment. This is necessary in order that the government 
ma}^ protect its rights. 

Two states may be having a controversy about their 
boundary lines. In order that a settlement may be had, 
one state sues the other in the United States court, where 
the question is finally settled. 

From these explanations you will have an idea of the 
authority or commission of the United States court. 

^' (3) In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a state shall 
be a party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, 
the Supreme Court shall have appellate jurisdiction, 
both as to law and fact, with such exceptions and 
under such regulations as the Congress shall make." 

By original jurisdiction is meant that in which a suit 
originates or commences. By appellate jurisdiction is 
meant that to which the decision of an inferior court 
is taken on appeal. You will notice there are only 
a few cases in which actions can be commenced in the 
Supreme Court, i.e. those that have at first to do with 
the general government. The principal business of this 



96 CIVICS FOE YOUNG AMEEICANS. 

court is to review cases tnat have been tried in lower 
courts. When the Supreme Court decides a case, then it 
can go no farther. Both parties must be content. 

" (4) The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in 
the state where the said crimes shall have been com- 
mitted ; but when not committed within any state, the 
trial shall be at such place or places as the Congress 
may by law have directed." 

No man can be convicted unless all of the jurors agree 
that he is guilty. 

It is right that a man be tried in the state where the 
crime is committed. Otherwise, a poor man in New 
Jersey might be sued by a rich man, and the suit might 
be taken to California. The accused might not be able 
to secure the attendance of his witnesses, and thus be 
unable to defend himself. 

ouil forefathers were no respecters of persons. 
" All men are created equal " was their doctrine. 
And they so framed the Constitution that every 
word in it is not for any particular class, but for 
all alike. 



CHAPTER XIII. 



MISCELLANEOUS PROVISIONS. 



When reading the history of England and other for- 
eign conntries, we are made to shudder at the acts of 
some of the old rulers. Many times people have been 
accused of treason for a great variety of acts. When a 
man did anything to displease a ruler, it was a common 
thing to charge him with treason, and then convict him^ 
and next, to punish him according to law. This punish- 
ment was often fearful. (1) The offender was dragged 
to the gallows. (2) He was hanged by the neck, but was 
cut down while alive. (3) His entrails were taken out 
and burned while he was living. (4) His head was cut 
off. (5) His body was divided into four parts. (6) These 
four parts were then given to the king to do as he saw fit 
with them. 

Our forefathers knew of all these things, and hence 
they thought best to have it understood just what treason 
against the United States is ; therefore the Constitution 
says, — 



98 CIVICS FOR YOUiS^G AMERICANS. 

" (1) Treason against the United States shall consist only 
in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confes- 
sion in open court. 

" (2) The Congress shall have power to declare the pun- 
ishment of treason, but no attainder of treason shall 
work corruption of blood or forfeiture, except during 
the life of the person attainted." 

Sometimes men were tortured until they confessed 
they were guilty of treason. Then they were convicted 
and dealt with as described. In our country a confession 
in open court can be taken as testimony against a man, 
and there must be at least two witnesses to prove him 
guilty of treason before he can be convicted. 

Congress has made a law that a person guilty of trea- 
son shall be put to death by hanging. 

By corruption of blood a person is disabled from inherit- 
ing; lands from an ancestor ; nor can he either retain those 
in his possession, or transmit them by descent to his heirs. 
That is, B is convicted of and punished for treason. A, 
who is B's father, is worth a large property. After B is 
punished by being hung, A dies. Then C and D, who 
are the children of B, cannot inherit their grandfather's 



MISCELLANEOUS PROVISIONS. 99 

property because their father was hanged for treason. 
Think of living in a country where anything so unjust 
is lawful ! Our forefathers prevented any such innocent 
suffering in our country by adding this wise provision to 
the Constitution : " No attainder of treason shall work 
corruption of blood or forfeiture, except during the life of 
the person attainted." 

In order that each state could have full faith in each 
of the other states our forefathers provided that, — 

" (1) Full faith and credit shall be given in each state to 
the public acts, records, and judicial proceedings of 
every other state. And the Congress may by general 
laws prescribe the manner in which such acts, rec- 
ords, and proceedings shall be proved, and the effect 
thereof." 

This means that each state must have full faith in each 
of the other states ; then if a case has been tried in one 
state and an attempt is made to bring the same matter 
into the court of another state, the person who was sued 
may procure the record of the former trial, and that will 
put an end to the proceedings. 

^' (2) The citizens of each state shall be entitled to all 
privileges and immunities of citizens in the several 
states. 



100 CIVICS FOE YOUNG AMERICANS. 

" (3) A person charged in any state with treason, felony, 
or other crime, who shall flee from justice, and be 
found in another state, shall on demand of the execu- 
tive authority of the state from which he fled, be 
delivered up, to be removed to the state having juris- 
diction of the crime." 

If it were not for this clause a person might commit 
some crime in one state, and then flee to another state, 
where he would be free. The dishonest men of our coun- 
try now flee to Canada. It being a foreign country, they 
cannot there be arrested by us. 

" (4) New states may be admitted by the Congress into 
this Union ; but no new state shall be formed or erected 
within the jurisdiction of any other state ; nor any 
state be formed by the junction of two or more states, 
or parts of states, without the consent of the legisla- 
tures of the states concerned as well as of the Con- 
gress. 

" (5) The Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belongmg to the United 
States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States, or of any particular state." 



MISCELLANEOUS PROVISIONS. 101 

The first clause is just, as Congress should determme 
what states are to make up the government over which it 
is to have charge. 

Had not Congress any power over the territories they 
might be in the hands of lawless men in a very short time. 
In each territory there is a governor appointed by the 
President of the United States and the Senate ; a legisla- 
ture, which is chosen by the people ; and one or more 
judges, appointed by the President of the United States 
and Senate. 

Each territory has the right to choose a man as a dele- 
gate, who has a seat in the House of Representatives, and 
can take part in debates relating to the territory, but is 
not entitled to a vote. 

That each state may feel that it is protected against 
foreign and domestic foes, — 

^^ (6) The United States shall guarantee to every state in 
this Union a republican form of government, and shall 
protect each of them against invasion, and on applica- 
tion of the legislature, or of the executive (when the 
legislature cannot be convened), against domestic vio- 
lence." 

All of the states are here bound to help, protect, and 
defend each and every state in time of need. 



102 CIVICS FOR YOUNG AMERICANS. 

" (7) The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments to 
this Constitution, or, on the application of the legis- 
latures of two-thirds of the several states, shall call a 
convention for proposing amendments, which, in either 
case, shall be valid, to all intents and purposes, as part 
of this Constitution, when ratified by the legislatures 
of three-fourths of the several states, or by conventions 
in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress : pro- 
vided that no state, without its consent, shall be de- 
prived of its equal suffrage in the Senate." 

This was a wise clause. Had there been no provisions 
for amendments, the Constitution would have been faulty ; 
because it has been necessary to add fifteen of them, as- 
you will see in a future chapter. 

" (8) All debts contracted and engagements entered into 
before the adoption of this Constitution shall be as 
valid aarainst the United States under this Constitu- 
tion as under the Confederation." 

Here our noble old forefathers showed their honesty 
of purpose. They might have ignored any debts of the 
Confederation by assuming that it was a government of 
the past, and therefore had nothing in common with the 



MISCELLANEOUS PROVISIONS. 103 

present government. They were, however, too noble to 
take any such action. 

"(9) This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges in every state shall 
be bound thereby, anything in the Constitution or 
laws of any state to the contrary notwithstanding." 

After reading this clause there can be no doubt that 
the Constitution is the supreme law of the land. 

" (10) The senators and representatives before mentioned, 
and the members of the several state legislatures, and 
all executive and judicial officers, both of the United 
States and of the several states, shall be bound by oath 
or affirmation to support this Constitution ; but no 
religious test shall ever be required as a qualification 
to any office or public trust under the United States." 

There had been too much suffering, both in England 
and in this country, on account of religious persecution, 
for our forefathers to forget this clause when framing the 
Constitution. 



CHAPTER XIV. 



THE AMENDMENTS. 



You remember learning in your history of the perse- 
cutions to which the people of the colonies were sub- 
jected. It is not surprising then that when the first 
Congress met the people insisted on some amendments 
being made to the Constitution ; because it was generally 
felt that the Constitution did not sufficiently protect the 
rights of the people. They wished to be secured certain 
rights beyond the possibility of being encroached upon by 
Congress. The following ten articles of amendments were 
made during the first session of the first Congress under 
the Constitution : — 

"Aeticle I. 

'' Congress shall make no law respecting an establish- 
ment of religion ; or prohibiting the free exercise thereof ; 
or abridging the freedom of speech, or of the press ; or 
the right of the people peaceably to assemble, and to peti- 
tion the government for a redress of grievances. 



THE AMENDMENTS. 105 

"Article II. 

" A well-regulated militia being necessary to the secu- 
rity of a free state, the right of the people to keep and 
bear arms shall not be infringed. 

"Article III. 

" No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of 
war but in a manner to be prescribed by law. 

"Article IV. 

" The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no war- 
rants shall issue but upon probable cause, supported by 
oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

"Article V. 

" No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or in- 
dictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual ser- 
vice in time of war or public danger ; nor shall any person 
be subject for the same offence to be twice put in jeopardy 
of life or limb ; nor shall be compelled in any criminal 



106 CIYICS FOE YOUXG AMEEICANS. 

case to be a witness against himself, nor be deprived of 
life, liberty, or property without due process of law ; nor 
shall private property be taken for public use without 
just compensation. 

"Article VI. 

" In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial by an impartial jury 
of the state and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation ; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance of coun- 
sel for his defence. 

"Aeticle VII. 

" In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved, and no fact tried by a jury shall 
be otherwise re-examined in any court of the United 
States than according to the rules of the common law. 

"Aeticle VIII. 

" Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 



THE AMEN^DMENTS. 107 

"Article IX. 

" The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

"Article X. 

" The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the states, are 
reserved to the states respectively, or to the people." 

There is no country in the world that furnishes greater 
securit}^ for personal liberty than is furnished by these 
provisions in our Constitution. 

The things that are forbidden in them have often 
taken place in other countries. Our forefathers, know- 
ing that human nature is the same in all ages, were de- 
termined they should never lawfully take place in our 
country. 

During the Civil War, you remember. President Lin- 
cohi abolished slavery. It was necessary, however, for 
Congress to amend the Constitution, so as to sanction tlie 
act. Therefore, in December, 1865, the following ameud=- 
ment was adopted, — 

" (1) Neither slavery nor involuntary servitude, except as 
a punishment for crime, whereof the party shall have 



108 CIVICS FOE YOUNG AMERICANS. 

been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 
" (2) Congress shall have power to enforce this article by 
appropriate legislation." 

In 1868 another amendment was adopted which reads 
as follows, — 

" All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the 
United States and of the state wherein they reside. 
No state shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States ; nor shall any state deprive any person 
of life, liberty, or property, without due process of law, 
nor deny any person within its jurisdiction the equal 
protection of the laws." 

Still another amendment was added for the purpose of 
declaring how the representatives should be apportioned 
among the states, and also to protect the freedmen. It 
reads as follows, — 

^'Representatives shall be apportioned among the several 
states according to their respective immbers, counting 
the whole number of persons in each state, excluding 
Indians not taxed. But when the right to vote at any 



THE AMENDMENTS. 109 

election for the choice of electors for President and Vice- 
President of the United States, representatives in Con- 
gress, the executive and judicial officers of a state, or 
the members of the legislature thereof, is denied to any 
of the male inhabitants of such state, being twenty-one 
years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion 
or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state." 

It was thought best to punish in some way those men 
who had once been in Congress, and at the opening of 
the Civil War, took part against the government. The 
following amendment was adopted for that nurpose, — 

" No person shall be a senator or representative in Con- 
gress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United 
States, or under any state, who, having previously 
taken an oath, as a member of Congress, or as an offi- 
cer of the United States, or as a member of any state 
legislature, or as an executive or judicial officer of any 
state, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies 



110 CIVICS FOR YOUNG AMERICANS. 

thereof. But Congress may, by a vote of two-thirds 
of each house, remove such disability." 

Notice the last sentence in this clause. It shows you 
how willing one American is to overlook the faults of 
another if he shows he is sorry for what he has done. 
" Forgive, if ye wish to be forgiven." 

In order that there should never be any question as to 
the payment of any loss to those who fought against the 
government, and also no questions as to the rights of every 
citizen, white or black, to vote. Congress adopted the fol- 
lowing, — 

" The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insur- 
rection or rebellion, shall not be questioned. But neither 
the United States nor any state shall assume or pay any 
debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the 
loss or emancipation of any slave ; but all such debts, 
obligations, and claims shall be held illegal and void. 

" The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article." 

'' Article XV. 
" (1) The right of citizens of the United States to 



THE AMENDMENTS. Ill 

Tote shall not be denied or abridged by the United States, 
or by any state, on account of race, color, or previous 
condition of servitude. 

" (2) The Congress shall have power to enforce this 
article by appropriate legislation." 

These are all the amendments that have as yet been 
added to the Constitution. 



CHAPTER XV. 

POLITICAL PAKTIES. UNITED STATES CAPITALS. 

" When the Constitution was presented to the states for 
adoption it met with decided opposition from a large part 
of the people " who were opposed to conferring so much 
power upon the general government"; and, ''in the differ- 
ences in opinion between its friends and opponents origi- 
nated the two great political parties into which the people 
were divided during a period of about thirty years." The 
friends of the Constitution, " regarding its adoption indis- 
pensable to the Union, took the name of Federalists, and 
bestowed upon the other party that of Anti-Federalists, 
intimating that to oppose the adoption of the Constitution, 
was to ojapose any union of the states." The Federal 
party embraced a large number of the ablest statesmen of 
that period, including Washington, Hamilton, Adams, 
Jay, and Marshall ; while in the opposite ranks were those 
known as Anti-Federalists, or Republicans, under the 
leadership of Jefferson, George Clinton, Burr, and others. 
" In the contests of the French Revolution, the Federal- 
ists leaned to the side of England, the Republicans to that 



POLITICAL PAETIES. 113 

of France." The opposition of the Federalists to the war 
of 1812, the favor they extended to the Hartford Conven- 
tion, and other canses, contributed to their destruction, 
and in 1820 the party was disbanded. 

The two elections of Jefferson and the two of Madison 
were triumphs of the Republicans. The two of Monroe 
may also l)e regarded as triumphs of the same party, 
though party lines were almost obliterated, the first years 
of Monroe's administration being known as " the era of 
good feeling." The nomination of John Quincy Adams 
was supported by a union of Republicans with most of the 
old Federalists. The presidential contest of 1828, " the 
most bitter in American history," was largely of a per- 
sonal character. The candidates were Adams and Jack- 
son, the latter succeeding. "' The Jackson party being, for 
the most part, the old Republican party, took the name 
of Democrats, while their opponents assumed the name of 
Whigs." The former, during Jackson's first term, took 
ground against the re-chartering of the United States 
Bank, and afterward against a high, or " protective tariff." 
The Whigs favored these measures. " The election of 
Van Buren was a continuation of Jackson's policy ; " that 
of Harrison was a triumph of the Whigs. 

In the presidential contest of 1844, the Democratic 
party favored "the annexation of Texas," as also "the 
claim to Oregon as far north as 54 degrees 40 minutes. 
Their rallying cry was 54-40, or fight." They elected 



114 CIVICS FOR YOUNG AMERICANS. 

James K. Polk over Henry Clay, the candidate of tlie 
Whigs. In the contest of 1848, a third party, composed 
mostly of northern men, who were '•' opposed to the exten- 
sion of slavery into the territory of the United States," 
and known as the Free Soil Party, nominated Martin Van 
Buren. General Taylor, the Whig candidate, was elected. 
In the contest of 1852, the candidate of the Democrats 
was Franklin Pierce ; that of the Whigs was General 
Winfield Scott ; Mr. Pierce was elected. — Anderson s 
U. S. History. 

Before the next election the Whig party ceased to exist, 
and two new parties came into being, the Republican and 
the American ; making altogether three parties. The 
American party wanted none but native-born citizens to 
hold political offices, and its members also favored a longer 
residence in the United States on the part of persons of 
foreign birth, before allowing them to be naturalized. 
Buchanan, who was elected, was the candidate of the 
Democratic party. 

At the next election there were five candidates. The 
slavery question was the all-important one. The Demo- 
cratic party was still the strongest one, but its members 
became divided on the slavery question. The northern 
Democrats nominated Stephen A. Douglas, of Illinois ; 
and the southern Democrats nominated John C. Breckin- 
ridge, of Kentucky. The northern Democrats believed in 
letting all new states say whether they were to be admitted 



POLITICAL PARTIES. 115 

as slave states or not ; while the southern portion of the 
party claimed that neither Congress nor the people of a 
territory, who desired to be admitted as a state, had the 
right to prohibit slavery in any territory. 

The American party nominated John Bell, of Tennes- 
see ; their platform was " The Union, the Constitution, 
and the Enforcement of the Laws." 

The Republican party was opposed to slavery and de- 
sired to exclude it from the territories at any cost. Mr. 
Lincoln, who was elected, was the candidate of the 
Repul^licans. 

During Lincoln's administration the Civil War occurred. 
When Lincoln was assassinated, Andrew Johnson became 
President. At the close of Johnson's term the contest 
mainly turned upon the right of Congress to establish 
laws for the admission of the Southern States to the 
Union. The Democrats nominated Horatio Seymour, 
ex-governor of New York, and the Republicans nomi- 
nated General U. S. Grant, who was elected. 

At the next election there was a new party formed, 
known as the Liberal Republican Party, which nominated 
Horace Greeley, of New York. These were men who 
w^ere opposed to Grant's administration. The Democrats 
had no candidate, but indorsed Mr. Greeley. General 
Grant was re-elected. The next three Presidents, R. B. 
Hayes, James A. Garfield, and Chester A. Arthur, were 
Republicans. 



116 CIVICS FOR YOUNG AMEEICAN^S. 

In 1884 the people were to elect the twenty-second 
President. The Republicans nominated James G. Blaine, 
of Maine. The Democrats nominated Grover Cleveland, 
who was at the time governor of New York. The 
People's Party, as it was called, nominated General 
Benjamin F. Butler, of Massachusetts, and the Prohibition 
Party nominated John P. St. John, of Kansas. Mr. Cleve- 
land, the Democratic candidate, was elected. 

Perhaps the following facts will be of interest to 
you : — 

" Philadelphia was the first capital of the United 
States, Congress being in session in that city when the 
Independence of the states was declared. A little more 
than five months after that event, while the British 
forces were advancing through New Jersey towards the 
Delaware River, Congress adjourned to Baltimore (Decem- 
ber, 1776), but returned to Philadelphia less than three 
months later (March, 1777). On the approach, by Chesa- 
peake Bay, of the British army under Howe, Congress 
adjourned at first to Lancaster, Pa. (Sept. 27th to 30th, 
1777), and then to York, Pa. (Sept. 30th) ; but after the 
British evacuated PhiladeljDhia, Congress returned to that 
city (July, 1778), which city continued to be the capital till 
June, 1783, when Congress adjourned to Princeton, N. J. 
(June 30), and, in November of the same year, to Annap- 
olis, Md. The next session was opened at Trenton, N. J. 



UNITED STATES CAPITALS. 117 

(Nov. 30, 1784), but in January, 1785, Congress adjourned 
to New York. In 1790, the seat of government was 
removed to Philadelphia, and in 1800, to Washington 
City, where it has remained ever since." 



CHAPTER XVI. 



CONCLUSION. 



We said we lioped to make you understand why our 
form of government is the best in the world. Have we 
not done so ? We have no Ivan who can murder his sub- 
jects and go unpunished. We have no King John who 
can imprison us at his will or murder innocent little boys. 
We have no Queen Elizabeth to dictate how we shall wor- 
ship the ever-living and true God. None such are found 
in this glorious republic in which the supreme power is 
vested in the people. We have a government so organ- 
ized that its rulers cannot, for any length of time, materi- 
ally err. We have a Constitution which is acknowledged 
by all to be a masterpiece. With the most of this Con- 
stitution you are now familiar. In the last pages of any 
good United States History are to be found all of the 
clauses of the Constitution in regular order. These, it 
is hoped, you will carefully read, as you can now do so 
understandingly. 

And now, my young friends, we desire to impress upon 
you this solemn truth. The good or evil of this model 



CONCLUSION. 



119 



COUNTRY IS IN YOUR HANDS. Only a few years must 
2)ass before all who are now occupying the positions of 
trust and honor will be no more, and you are to fill their 
places. The boys of to-day are to be the men of twenty 
years hence. Are you going to be ready ? Will you see 
to it that only honest, upright men are placed in office ? 
If so, you will hold the Union where j'ou find it, the best 
government in the world. 

Be always true to God, your country, your neighbor, 
and yourself. You will thus "be prepared for death, 
and life or death will thereby be the sweeter." 

Can you not now appreciate our national hymn as you 
never have before ? 



1. My coviutry, 'tis of thee, 
Sweet land of liberty, 

Of thee I sing : 
Land where my fathers died, 
Land of the pilgrims' pride, 
From every mountain side, 

Let freedom ring ! 

2. My native country, thee — 
Land of the noble free — 

Thy name I love : 
I love thy rocks and rills, 
Thy woods and templed hills ; 
My heart with rapture thrills 

Like that above. 



3. Let music swell the breeze, 
And ring from all the trees 

Sweet freedom's song ! 
Let mortal tongues awake ; 
Let all that breathe partake ; 
Let rocks their silence break, - 

The sound prolong ! 

4. Our fathers' God, to thee, 
Author of liberty. 

To thee we sing : 
Long may oiu- land be bright 
"With freedom's holy light ; 
Protect us by thy might, 

Great God, our King ! 

S. F. Smith. 



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